Subj : Re: Nobody's ... script editor
To   : alt.tv.er
From : KL
Date : Fri Sep 30 2005 21:46:41

From Newsgroup: alt.tv.er

on 9/30/2005 1:21 PM npardue@indiana.edu said the following:
> MauiJNP wrote:
> 
> So I did a quick web search, and turned up at least one surrogacy
> contract online.
> 
> http://www.surromomsonline.com/articles/index.htm
> 
> It doesn't specifically address the requirement to have a c-section, in
> so many words, but DOES say  that the surrogate "agrees to consent to
> any medical tests or procedures deemed necessary or advisible by her
> obstetrician or midwife." (And also that she agrees to abstain from
> potentially hazardous activies like smoking, drinking alcohol, exposure
> to toxins, etc.) AND ... that she agrees to 'deliver to the intended
> parents a healthy child, to the fullest extent that she is capable of.'
>  (I dont' think a 25% risk of 'major complications' fits that
> agreement.)
> 
> It further says that the intended parents are required to accept the
> child, regardless of gender or health, but if there are birth
> defects/injuries that can be determined to be the direct result of the
> surrogate's actions (as is clearly the case here) that she is required
> to pay back all the money they gave her.
> 
> Oh, and if she needs a c-section, she gets an extra $1000 as
> compensation.
> 
> Naomi

Right, but apparently the situation we saw didn't have that in there. 
If there was a contract that stipulated those things and both parties 
entered into the agreement freely, then yes, it can be upheld.  However, 
you can't base decisions on what was contracted, when we don't know what 
their contract read.  Obviously it had nothing about C-Sections, or this 
wouldn't have been an issue.  I think it is important also to think 
about if this woman would have done the same if the child was her own? 
I think she would have...again it makes an already murky area even murkier.


-- 

KL

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