Say you hire a woman to bear a child for you and your wife. And you learn she is due to have twins. And your wife tells her to kill one of the two children in her. That she only paid for one child. What does the surrogate do? Does the surrogate obey since she is under contract for one child?
i guess you have nothing more to say. Somebody tell me, what is the surrogate to do? I do not need a word description of her potential solutions.
Well fortunately white babies are in big demand on the adoption market, assuming they're healthy and normal. And I'd imagine if a couple hired a surrogate they're very likely to be white (if you look at the statistics). So no problem. However, I do remember one case where the couple commissioning the surrogate threatened to terminate the contract if the birth mom didn't abort.
Robert, I would say she has two choices; one, keep the 2nd one and turn it over to the state for adoption or keep it herself and raise it if she is so inclined.
Suppose the woman signed a contract that she would not abort the pregnancy. Are you ok with that? Do you believe a woman can sign away her choice?
I'm not a lawyer but I would think if the contract said she couldn't abort then legally (per the contract) she couldn't. She did have every right to sign the contract or not. She could always withdraw consent to the contract but I'm sure there'd be a penalty to help protect the people whose kid she's gestating..... You are trying hard(like the OP) to make this about abortion but it's about the law and the contract..
The surrogate should do what *she* wants to do, but if she doesn't have a reduction, then she should be responsible for the 2nd child if the bio parents refuse to take it.
So, your advice to her is to violate the contract. Very interesting. Would a judge overturn the contract, do you think? If one is pregnant with a child, is the abortion still called a reduction?
She is under contract. Suppose she loses in court. What do you think the parent's are entitled to win in damages?
Uh, DUH, this IS the ABORTION FORUM.....amazing innit! ?? And YOU in your OP stated, ""And your wife tells her to kill one of the two children in her."""" Duh uhhhh, that would be an abortion......
1. Is this an enforceable contract? It seems to me that any US judge would throw it out, as containing unenforceable terms. Has any contract containing these terms ever been enforced in the US, as far as the surrogate only carrying one fetus (out of more than one) to term? 2. The surrogate is carrying fetuses, not children. From the POV of Roe v. Wade, they're not children until they're born or delivered.
Why did you hilariously find it amazing that the word abortion came up (in the abortion forum)??? As I stated , but you couldn't read(???)...IMO it's a legal/contract issue so not really an abortion issue......
Let's clarify. Are you saying they are the surrogates private property? There are about 5-6 terms included in all legal contracts. Elements of a Contract. The requisite elements that must be established to demonstrate the formation of a legally binding contract are (1) offer; (2) acceptance; (3) consideration; (4) mutuality of obligation; (5) competency and capacity; and, in certain circumstances, (6) a written instrument. Elements of a Contract – Contracts https://contracts.uslegal.com/elements-of-a-contract/
I long ago realized that to dialogue with you means one thing. It will get extremely dirty and extremely personal. All you had to do is deal with the actual issue.
Well first they have to prove some actual damages beyond the breached contract. If they get a healthy child as was contracted, what might those damages be?
Well that's a good question to which I have no answer for; I'm wondering if that would break new ground in the litigation process?
That could be totally true. What inspired me to get this in the open is the TV program called What would you do engaged this same problem. It favored the bystanders that were very angry with the "parents view" that she had to kill one of the twins. I expected a few similar to our posters who enjoy abortions to the max to rip the woman but rather the bystanders ripped the parents who wanted but one child. Of course she was an actor and actually pregnant, though not with their child.
No, the person who makes it all personal with "little my life" stories is YOU.....and I see you have a hard time, as usual, sticking to the topic which isn't me.. """""""""""Why did you hilariously find it amazing that the word abortion came up (in the abortion forum)??? As I stated , but you couldn't read(???)...IMO it's a legal/contract issue so not really an abortion issue......"""""""""""""" The bolded is the actual issue....
Please show proof that there are posters who "enjoy abortions".................................I know you won't because proof is something you are unfamiliar with....and since there is none I don't really expect it...
yes she lost the case. So now there is the second part of any lawsuit. Now the judge says to the plaintiff, what is your actual monetary loss that she must compensate you for and how do you intend to prove it? If you got a healthy baby as promised in the contract, what are you 'out' that you need to be reimbursed for? What did this breach actually do to compromise the material benefit you were promised? Those are your actual damages that come with a dollar sign.