Would You Abort A Surrogate Child With Down

Méga vessie chez un embryon porteur d'une tris...

Image via Wikipedia

A question that has my mind buzzing this week was brought on by an article about a couple who wants their surrogate to abort the child because it has a high chance of being born with Down Syndrome.

The San Franscisco Chronicle goes on to say that the surrogate mother is refusing to have the abortion.

According to the surrogate agreement, if the surrogate decides to keep the child, the biological parents have no obligation towards the child.

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However, many experts are saying that if the case is taken to court, the contract can be nulled in “best interest of the child” provision of family law.

It was a nonissue at this point, however, because the surrogate decided to have the abortion rather than pursue further legal remedies.

And no case of this magnitude in surrogacy has ever been pursued in the Canadian courts.

So, that was the easy part.

The part that has me pondering is whether or not the family will be obligated to pay the child support for the child if they decide to not keep him/her.

a child (with Down syndrome) piggy-backing on ...

Image via Wikipedia

Actually, I guess this question goes across the board in a ground-breaking way for any/all surrogate children.

And it sure opens a humdinger of a can of worms.

Frankly, the best bandaid that can be put on the situation is for the biological parents and the surrogate to add a birth defect clause into the contract that clearly spells out whether or not an abortion will be carried out.

What do you think?

Who gets to decide whether or not to give birth to the child?

And, are the biological parents on the hook for child support if they decide not to keep the child?

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