I think that when you agree to be a surrogate you are kind of giving up the decision making regarding your own uterus and body. I mean, lets say in order to ensure a healthy birth of the baby she needed to get some sort of shot, does she have the right to refuse those shots if it means the fetus wouldn't survive
( ... )
I don't support a contract that supports a forced abortion, I support her a contract that stipulates when it might or might not be appropriate to terminate a pregnancy, and a support the fact that such a exists so that the parties entering into this contract with everything laid out.
But that still does not negate her bodily autonomy, if her final word is no then NO, or if a surrogate decides she cannot go through with the pregnancy then she has every right to terminate the pregnancy. It is her body, she has the right to decide what risks she is willing or willing to take.
However, her bodily autonomy also doesn't negate her contractual agreements. She can break her contract, but as with all contracts there are penalties.
Both those of these are true, it sucks, and it's one of many reasons I think surrogacy sucks, but I don't think either negates the other.
no matter what papers a woman signs, no matter what agreement she comes to with others she is a person and her bodily autonomy is her own
I'm not arguing with that. I'm just saying that IMO her primary motivation in all this was money. I think she went to Michigan thinking that she could have the kid and sue the parents for the medical bills and "other expenses"... and that didn't pan out, so she found adoptive parents instead.
I think very few people are arguing that the contract negates her bodily autonomy, what people are saying is that she is still an adult human and as such has the obligations and responsibilities of one. She couldn't go through with the abortion, even though I would probably have made a different choice I vehemently defend her right to that choice, but also when an adult enters into a contract then breaches is there should be consequence --and it's not a forced abortion but some sort of monetary consequence. IMO she has forfeited some of her salary.
It's disturbing that so many are purposefully misframing the issue.
she has forfeited some of her salary, the rest of the money she was going to be paid out for the child. she has done the work she was paid for already, in carrying the child for the original adoptive parent for several months. suing her for money already paid is extremely coercive and violates her reproductive freedom.
yes, it sucks, for them that they put out thousands of dollars and aren't getting the baby they wanted. but pregancy is not a sure thing in any circumstance, and no matter their feelings the bodily autonomy of this woman comes first. yes, they signed a legal document including abortion as an option, but kelley's human rights supercede that. you cannot force someone to have an abortion because they signed a legal document.
they paid for the surrogacy in a fellow human being with the understanding that things could go not as planned. they hired a woman, not a fucking incubator.
she did the job that she was paid for. and yes, telling a poor woman she needs to abort a child or she's going to be sued for thousands of dollars she cannot afford is coercive.
if you think that's acceptable just admit it, don't play pretend there's no balance of power here.
No one held a gun to her head and forced her to be a surrogate for this particular couple. She could have found a couple who would have agreed to a "NO ABORTION UNDER ANY CIRCUMSTANCES, EVER!" clause in the contract, since this would (allegedly) be keeping with her personal beliefs unless they're willing to pay $15,000.
I have such very mixed feelings about surrogacy for all of these reasons. I understand that it's a necessity for some people, but the whole "renting a womb" thing is just so very problematic.
I find it problematic mostly because it re-enforces our societies desire for white newborns. And the whole using poor women from third world country element. Ugh.
I don't think she (or anyone) should be forced to have an abortion against her will but
Why does this statement come with a but?
I also don't think she has the right to hoist a child with a low survival expectancy on people,
Every pregnant woman is pregnant with someone else's child, so by this logic every man should have the right to have the pregnancy aborted if there's a deformity.
Because in exchange to $20,000 she agreed to abort a child that was deformed.
And no, that's a massive leap in logic. When the baby is born the surrogates responsibility to the child is over. She's not going to be responsible for watching the kid get sick, go into surgery and possibly die, she's not stuck with the financial implications of having a sick child. It's not the same thing.
It's less about the actual abortion than that she agreed to one because she wanted $20,000 and then broke the contract.
Reply
Reply
But that still does not negate her bodily autonomy, if her final word is no then NO, or if a surrogate decides she cannot go through with the pregnancy then she has every right to terminate the pregnancy. It is her body, she has the right to decide what risks she is willing or willing to take.
However, her bodily autonomy also doesn't negate her contractual agreements. She can break her contract, but as with all contracts there are penalties.
Both those of these are true, it sucks, and it's one of many reasons I think surrogacy sucks, but I don't think either negates the other.
Reply
but here's the thing
shockingly
no matter what papers a woman signs, no matter what agreement she comes to with others she is a person and her bodily autonomy is her own
Reply
no matter what papers a woman signs, no matter what agreement she comes to with others she is a person and her bodily autonomy is her own
I'm not arguing with that. I'm just saying that IMO her primary motivation in all this was money. I think she went to Michigan thinking that she could have the kid and sue the parents for the medical bills and "other expenses"... and that didn't pan out, so she found adoptive parents instead.
All IMO, of course.
Reply
It's disturbing that so many are purposefully misframing the issue.
Reply
yes, it sucks, for them that they put out thousands of dollars and aren't getting the baby they wanted. but pregancy is not a sure thing in any circumstance, and no matter their feelings the bodily autonomy of this woman comes first. yes, they signed a legal document including abortion as an option, but kelley's human rights supercede that. you cannot force someone to have an abortion because they signed a legal document.
they paid for the surrogacy in a fellow human being with the understanding that things could go not as planned. they hired a woman, not a fucking incubator.
Reply
No, it doesn't.
Reply
if you think that's acceptable just admit it, don't play pretend there's no balance of power here.
Reply
No one held a gun to her head and forced her to be a surrogate for this particular couple. She could have found a couple who would have agreed to a "NO ABORTION UNDER ANY CIRCUMSTANCES, EVER!" clause in the contract, since this would (allegedly) be keeping with her personal beliefs unless they're willing to pay $15,000.
Reply
I have such very mixed feelings about surrogacy for all of these reasons. I understand that it's a necessity for some people, but the whole "renting a womb" thing is just so very problematic.
Reply
Reply
Yeah, it's horrendous.
Reply
And, if more situations like this one come up, I'm guessing the number of women from third world countries used will only increase.
Reply
Why does this statement come with a but?
I also don't think she has the right to hoist a child with a low survival expectancy on people,
Every pregnant woman is pregnant with someone else's child, so by this logic every man should have the right to have the pregnancy aborted if there's a deformity.
Reply
And no, that's a massive leap in logic. When the baby is born the surrogates responsibility to the child is over. She's not going to be responsible for watching the kid get sick, go into surgery and possibly die, she's not stuck with the financial implications of having a sick child. It's not the same thing.
It's less about the actual abortion than that she agreed to one because she wanted $20,000 and then broke the contract.
Reply
Leave a comment