[quote]Varqanir wrote:
[quote]usmccds423 wrote:
[quote]Varqanir wrote:
[quote]usmccds423 wrote:
[quote]Varqanir wrote:
[quote]usmccds423 wrote:
Here’s another thought exercise:
If a couple conceives via In vitro fertilisation, but has to use a surrogate mother, does the surrogate mother have a right abort the baby if she so chooses? [/quote]
No.
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Under current law doesn’t the surrogate have this right? Further, wouldn’t restricting abortion in this case be restricting a woman’s right to make choices regarding her body?
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Current which law? There are no federal laws on surrogacy, and they vary from state to state.
But presumably the surrogate signed a contract which obligates her to carry the baby to term. Under the conditions of that contract, she does not have the right to terminate the pregnancy.[/quote]
Current abortion law (per Roe vs. Wade). Even if she signs a contract can she be legal required (forced) to carry to term? Under current law I don’t think so, but admittedly I’m not sure.
If I sign a contract that makes me a slave (why would I…) and then realize it sucks can I break that contract? If yes, what would be the consequences? I say nothing because slavery is illegal. Point being abortion is legal per Roe vs. Wade largely because of the woman’s right to make choices regarding her body. So couldn’t a surrogate abort the fetus she is hosting without consequence (breech of contract)? My question is should it be legal for her to do so? [/quote]
If she is a gestational surrogate, then the fetus is not biologically hers at all (contrast with a traditional surrogate, who is artificially inseminated with the husband’s sperm, but the egg is hers). She is just the incubator. [/quote]
Sure, I understand that.
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So inasmuch as a man who punches a pregnant woman and kills the fetus can be tried for murder, so too should a surrogate who terminates another woman’s baby (even if it is in her own uterus) be liable not only for breach of contract, but also perhaps manslaughter. [/quote]
Is this your opinion or are you basing this on something else? FWIW I agree with you; however, she may be just an incubator, but the line of reasoning, which I whole heartily disagree with, that the fetus/surrogate (or mother) is a parasitic/host relationship, under current law, should allow the surrogate, legally, to abort the baby. It is using her resources to survive.
My over all point is that it is still her body and if, “her body, her choice,” is why abortion is legal (Roe vs. Wade) then a surrogate should be able to abort.
I 100% disagree that she should be able to in this case.