surrogacy

Comment of the Day: “On The California-Texas Foiled Baby Murder Case, Part I: Prelude”

/ Jack Marshall / 3 Comments

Tim LeVier, who I believe is tied with Glenn Logan as the longest tenured commenter to your host’s ethics pronouncements, delivered as probing and ethical a suggestion for handling child birth surrogacy as I can imagine.

Here is his Comment of the Day on the post, “On The California-Texas Foiled Baby Murder Case, Part I: Prelude,” which, I must mention, is getting remarkably little publicity from the pro-abortion Axis news media. Gee, I wonder why…

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The underlying problem in these surrogacy cases is that these contracts seem to be “early”. I’d like to read the actual contracts in these scenarios to see what they contemplated, if anything. In truth, the surrogacy contract should be accompanied by a fully funded escrow account and a trustee. Payments from escrow should be structured for specific milestones and performance. The contract should recognize the surrogate’s absolute right of autonomy, but contractually, “life of the surrogate” should be the only consideration when allowing the surrogate to terminate.

Let’s generate a fictional scenario where the couple will pay $50k (inclusive) for a surrogate. The escrow account should be funded at 200% or $100k. If you can’t fund this escrow account in advance, you don’t get to sign a contract.

Payment for attempt ($5k)
Payment once pregnancy is confirmed at 8 weeks ($5k)
Recurring payments for pregnancy support ($10k spread-out)
Success fee for birth ($30k)

But also, the extra escrow is for additional success fees for a multiple birth scenario (Twins/Triplets) ($20k/ea)

Have a condition for payment from escrow for “Failure to adopt” or “Termination of Contract” from the bio-parents. ($5k/ea)

Termination of contract should be clearly stated as the limit of the bio-parents decision-making once pregnancy is established.

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On The California-Texas Foiled Baby Murder Case, Part II: Ethics Verdicts

/ Jack Marshall / 3 Comments

Again, I don’t know how any thoughtful, ethical person could question the outcome in this case. Apparently the “intended parents” refused to agree that they would seek appropriate medical care for the child after he was born with a serious but medically correctable heart problem. Having been unsuccessful in their efforts to have the child aborted late term, these ghouls were going to get custody of the child and perhaps have a hospital administer “palliative care”…that is, let the baby die. Pleasantly, of course,

A legal battle, at least regarding the life of the child, was averted when the child was born ahead of the September 3 due date.

As with some of the other cases discussed in Part 1, how could a typical pro-abortion advocate who uses the standard pro-abortion rhetoric about women’s “bodily autonomy” argue that the parents could force the surrogate to undergo an abortion? Yet abortion activists are apparently immune to integrity, logic, and decency. The main thing is to get the unborn child disposed of.

The surrogate’s contract contained a clause obligating her to submit to an abortion if the “intended parents” demanded it. The lawyers who drafted that contract should be sued for legal malpractice, and there are arguable ethical violations as well. I am wondering how common such contracts are, and how often they are enforced. For human beings cannot sell themselves into slavery or otherwise contract away their “unalienable rights.” That contract provision is unenforceable as against public policy, and should be made illegal by statute.

Republicans should pass the bill in the House and make Democrats show their lack decency when they vote it down.

Ethics points:

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Comment Of The Day (2): “The Strange Case Of The Unwanted Triplet”

/ Jack Marshall / 25 Comments

infant

Beth’s  thoughtful Comment of the Day is only tangentially a comment on the Ethics Alarms post about the surrogate mother who balked at aborting one third of the triplets she was carrying. It was really a comment on a comment made to the author of the previous Comment of the Day on the same post, as J. Jonah Jameson described his own experience as a father who employed a surrogate. JJJ was asked why he chose the expensive and risky surrogate route rather than adoption. That question inspired Beth’s Comment of the Day.

Here it is; I’ll be back at the end.

“Why didn’t you adopt a child that needed a family?”

As a woman who battled infertility in the past, and have many friends who did the same, along with others who intentionally became single parents, used surrogates, or have or are trying to adopt a baby, let me say that this is the absolute worst question you can ever ask somebody going through this process. As you pointed out, you are not trying to be judgmental, but you should never ask this.

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