Canadian Surrogate Refuses To Abort Baby With Down’s Syndrome in Possible Test Case Over Parental Obligations

There is a fascinating case in Canada on the legal status of babies carried by surrogates. We have seen various rulings in surrogate cases, including surrogates awarded custody and surrogates fighting for such rights. The couple who (upon learning that the baby carried by their surrogate had Down’s Syndrome) wanted to abort the baby. However, the surrogate refused and wanted to complete the pregnancy.

Under the surrogate agreement, the parents are not liable for the child if the surrogate proceeds to give birth against their wishes. However, there is a general policy in many countries that biological parents are responsible for child support.

Bioethicists like Juliet Guichon objected to any court honoring this contract, stating “Should the rules of commerce apply to the creation of children? No, because children get hurt. It’s kind of like stopping the production line: ‘Oh, oh, there’s a flaw.’ It makes sense in a production scenario, but in reproduction it’s a lot more problematic.”

What do you think?

Update: The surrogate eventually relented to the abortion.

Source: Care 2

Jonathan Turley