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Feminism: Sex and gender discussions

Surrogacy ends in abortion and ends a friendship

114 replies

OhHolyJesus · 08/05/2021 10:19

This is an 'altruistic' surrogacy story between two friends in New Zealand.

A woman offers herself for the pregnancy for her friend called Jane for the purposes of the article (who had a very traumatic pregnancy and labour with her daughter and she was told a second pregnancy would keep her in hospital for months at best).

"Jane's friend piped up with the offer of a lifetime. "Out of the blue, she said, 'I'd make a good surrogate because when I had my pregnancy, I didn't really feel it,'" recalls Jane. "She said she'd talk to her husband and get back to me." Not long after, they began the process of surrogacy."

All seemed to go well with separate legal and medical advice but he surrogate mother struggled and her and her husband were clearly traumatised:

"When the Weekly approached the surrogate couple to share their side of the story, they asked to remain anonymous. The surrogate's husband said, "We entered into the agreement with a genuine desire to help. Unfortunately, things did not go to plan and she became very sick with prenatal depression. This is probably a more complicated story than it appears on the surface. Jane and John do not really know the whole situation."

(So not every pregnancy is the same, even if you have had easy pregnancies in the past, perhaps the depression was connected to a sense of inevitable grief?)

"Today, the couples are no longer in contact and Jane still doesn't know why their baby was terminated. "On reflection, it started to go downhill while prepping for the embryo transfer, but John and I didn't see it," she says. "The surrogate didn't like the process at the fertility clinic or the one choice of counsellor we had. I think she felt like she was let down."

Their baby.

To me, Jane appears to believe she has rights to force her friend to continue with the pregnancy.

""It was our biological baby and Jenny's biological sibling. I could've explained how it was going to affect the rest of our lives. Even though everyone has walked away from this and even though it's painful, I'll talk about it. I never expected I'd have to worry about someone terminating our baby. It never crossed my mind."

The article mentions that law reform is being discussed, or rather looking to be enforced:

"Labour MP Tāmati Coffey, who, with his partner Tim Smith, welcomed their son Tūtānekai by surrogate in 2019, currently has a members' bill in ballot calling for modern laws for modern families. It includes reform of birth certificates, providing a way
to enforce surrogacy arrangements and creating a register of potential surrogates."

www.nzherald.co.nz/lifestyle/kiwi-mums-heartbreak-after-surrogate-terminates-her-pregnancy-i-went-into-shock/52Y6PO5M4LV73RGZF67TX5E4LU/

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OhHolyJesus · 26/05/2021 22:36

For that exact example @EsmaCannonball I recommend The Unexpected Mother by Susan A Ring.

A 'foetal reduction' (selective abortion) was done against her wishes but eventually with her cooperation. The foetus was not 'reabsorbed' as she was told it would and she expelled and buried the baby in the garden after giving birth to the twins she had to take home as the commissions parents cancelled their order due to their pending divorce.

It sounds far fetched but her book was published and not as fiction.

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EsmaCannonball · 26/05/2021 22:13

I wonder what would happen in these cases, and commercial surrogacy cases, if the genetic parents want a termination but the surrogate doesn't and yet doesn't want to keep the baby either. There are so many ethical minefields around surrogacy.

MrsHuntGeneNotJeremyObviously · 26/05/2021 22:03

Probably not, but they bloody well should. There's a horrible case of a little girl born in to American parents, who have refused to take her because she is disabled. Poor child is considered stateless because she isn't considered to have the nationality of the surrogate mum and is stuck in the care system. In some countries it's very clear that the surrogate is not the legal parent. The USA should be compelled to take the child and pursue legal measures against the 'parents'.

ChattyLion · 26/05/2021 21:29

Do the campaigners for binding contracts say they should apply equally on the intending parent or couple, so that they would have to accept any children born under the contract? (And if not then the woman could sue them?)
Or is it only ever a woman’s body that is subject to terms of a legal contract? Hmm

HBGKC · 26/05/2021 16:33

Surrogacy in any form is an ethical minefield; it should be completely banned.

WeRoarSometimes · 26/05/2021 15:49

@FannyCann Thanks for posting that case.

The shift in attitude and entitlement is very high as we're seeing, even in cases of so-called altruistic surrogacy.
Somehow engaging with surrogate mum to provide a baby is treated a bit like a consumer order - a bit complex, other parties involved.
However, the entitlement over another woman's body and wishes is awful. Surrogate mums are assumed to have no agenct whatsoever when they are pregnant.
How is this not coercive practice?

Delphinium20 · 26/05/2021 15:49

@MrsHuntGeneNotJeremyObviously

I would absolutely agree that commissioning parents should not be given parental rights over a baby that exists in another woman's body. The absolute mess that would result in if there's a difference of opinion during pregnancy. Very dangerous for women's bodily autonomy.
Yes!!!
Delphinium20 · 26/05/2021 15:49

@justawoman

I’ve never been pregnant and don’t have children (or want them) so I offer my opinion with some circumspection, but I see it exactly the opposite. I think the person who grew the child in her body has more claim to be the mother than the genetic mother. This is partly because of the unbreakable bond that relationship creates, but also/mainly because most of the substance of that child, what the child is, comes from her body. She’s not just an incubator: she is providing every bit of the nutrients that go into making the child in an absolutely unique way.
I think you show very well how this is also a woman's rights issue
Delphinium20 · 26/05/2021 15:43

MrsHunt

While many people are against surrogacy for just some of those reasons, ALL of those reasons illustrate why it's so problematic.

MrsHuntGeneNotJeremyObviously · 26/05/2021 14:12

I would absolutely agree that commissioning parents should not be given parental rights over a baby that exists in another woman's body. The absolute mess that would result in if there's a difference of opinion during pregnancy. Very dangerous for women's bodily autonomy.

merrymouse · 26/05/2021 14:07

Personally, I consider changing your mind and keeping a baby that isn't genetically yours to be unethical - so we need to make sure that women really are fully counselled before entering into this.

I would also take the opposite approach, for two reasons.

1). Because of the physical and psychological effect of going through pregnancy, which can’t really be predicted.

2). Because, regardless of the law (and as with all men), the commissioning parents can absolve themselves of responsibility by simply disappearing.

RockPainting · 26/05/2021 12:53

I think surrogacy is a major case of just because we can do something, doesn't mean we should.

It's fraught with difficulties, and whilst the reasons for wanting a child via surrogacy are, I am sure, many and complex, no-one 'needs' to have a child.

I think all surrogacy should be banned everywhere.

Becoming a parent is not a right.

OhHolyJesus · 26/05/2021 12:34

We don't, as a society, seem to have any clear agreement on what constitutes a mother.

I agree in part, but we do have legal recognition in the U.K as outside of adoption and fostering, the woman who gives birth is the mother, though the law commission seek to change this with surrogacy reform with the CPs having rights at birth, similar to the pre-birth orders done in the US.

It's not surprising though that those who seek to remove the word mother from common language and/or change its definition have a significant overlap with the surrogacy industry, in particularly within surrogacy ethics (chair of Surrogacy U.K. ethics Dr Harjeet Marway is quoted in saying a surrogate mother is "usually a woman" and Andrew Spearman, also on the Ethics Board is Freddy McConnell's lawyer and has worked on surrogacy cases https://www.laytons.com/people/andrew-spearman

And also this case

https://www.bailii.org/ew/cases/EWCA/Civ/2017/2164.html)

Personally, I consider changing your mind and keeping a baby that isn't genetically yours to be unethical - so we need to make sure that women really are fully counselled before entering into this.

Though I see what you're saying I take the opposite approach. The woman who supplies the egg is not considered the mother in egg donor pregnancies so why in surrogacy pregnancies does the CM get the label of mother when all she did was provide an egg? Same for sperm donors, in fact the law in the U.K. made sure that even when you can find your biological Dad he owes the mother no maintenance payments so he's not the legal father. Providing genetic material is the very smallest part of the pregnancy process that bring this new life about.

Mary Beth Whitehead is a historical case that applies to this, I would say it was entirely ethical for her to fight for her parental rights and at times she was very poorly treated by the New Jersey Family Court.

I would also feel comfortable banning all surrogacy, but if it is kept legal then the woman who is pregnant should retain parental rights and then relinquish them, not the other way around. I think you can counsel women all you like (and they do, women are counselled and convinced they are 'ovens', 'extreme babysitters' or a 'carrier') they should still be able to change their minds and no one, nor the law should be able to force an abortion, motherhood or force the removal of the child.

The Ukraine recognise that the woman who gives birth can provide a baby but they do not recognise her as a mother, barely as a human tbh. She is not able to change her mind "it is a legal process".

https://www.midlands103.com/news/midlands-news/irish-surrogacy-laws-leave-offaly-mother-in-limbo-in-ukraine/

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Barracker · 26/05/2021 12:14

I read a comment from a celeb recently who is widely believed to have used a surrogate mother to provide her with a baby. She said something like 'a beautiful little blessing has chosen me to be her mother'.
And it's striking how that statement is the complete opposite of the truth.
The baby, which based on the celeb's age likely is NOT even from the biological egg of this celeb, has had no choice in the matter at all.
As far as that baby is concerned, she was created purposefully to order, to be removed from her mother at birth or soon after.

None of that was her 'choice'.

ChairmansReserve · 26/05/2021 10:35

@Viviennemary

It was a disaster for both sides. Imagine your biological child being terminated and you have no say over it. Its a bad idea.
Imagine your biological child being gestated in someone else's body, for your benefit, not theirs, because you'd rather risk their health and life than your own.

THAT is a bad idea.

CardinalLolzy · 26/05/2021 10:14

In some theoretical world where there weren't myriad ethical minefields around every single aspect of it - consent, physical health, birth, motherhood, breakdown of relationships, changing of minds - I would have nothing against surrogacy. But we're in the real world, and I'm finding it more and more unbelievable that we are seeing these nightmare scenarios playing out and yet people are fine with it? There's no thought for the babies being born either.

Fertility is declining, people are not able to have babies for all kinds of reasons, I feel huge sympathy - but this is not the answer.

justawoman · 26/05/2021 10:03

Me too.

Ereshkigalangcleg · 26/05/2021 09:59

I'm entirely comfortable with banning all surrogacy.

justawoman · 26/05/2021 09:59

I’ve never been pregnant and don’t have children (or want them) so I offer my opinion with some circumspection, but I see it exactly the opposite. I think the person who grew the child in her body has more claim to be the mother than the genetic mother. This is partly because of the unbreakable bond that relationship creates, but also/mainly because most of the substance of that child, what the child is, comes from her body. She’s not just an incubator: she is providing every bit of the nutrients that go into making the child in an absolutely unique way.

MrsHuntGeneNotJeremyObviously · 26/05/2021 09:54

This whole thing is a mess. We don't, as a society, seem to have any clear agreement on what constitutes a mother. If a woman gets pregnant using donor eggs, that woman has no more connection to the baby than a surrogate pregnant with couple's embryo, yet in one case the woman would be considered the mother and in the second case, maybe not (depending on where she lives).
I would consider a baby that was made from my DNA to be mine, regardless of who was pregnant with that baby, but not everyone does. I'd be absolutely heartbroken if a woman who actively volunteered to act as a surrogate for me then chose to terminate. Unless we are going to ban it (which is the best outcome imo) then we do need to update laws.
Personally, I consider changing your mind and keeping a baby that isn't genetically yours to be unethical - so we need to make sure that women really are fully counselled before entering into this. Equally we need to prevent couples from ignoring the needs of the woman pg with their baby from treating her like a commodity. I'm not sure how to do that, outside of banning it completely. It does feel like people are buying babies. And no one is thinking about how babies bond.
There used to be a great documentary on YouTube about the industry in the Ukraine - I really recommend watching it.

OhHolyJesus · 26/05/2021 09:43

Sorry I should have said, it's from the US but I don't know what state.

I imagine that the 'contract' is weighted to the CPs and as Fanny says they just need to sign some paperwork and the surrogate mother will be asked if she suddenly wants this child she is not genetically related to, nor wanted. She wanted money and to 'be kind'.

Can someone sign a contract to force them to be a mother to a child they intended to sell? How might that work?

This kid hasn't even been born yet and no one involved in his or her creation wants anything to do with him/her.

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ArabellaScott · 26/05/2021 09:21

God, that poor child. Do you know what country that's from, OhHoly?

Helleofabore · 26/05/2021 09:08

This must be seen as a sign that not all is rosy when people 'commission' children in this way. We are seeing more and more negative outcomes. And to think there people out there who will cancel their 'orders'. These are infants, they are human beings. Not an accessory.

Sophoclesthefox · 26/05/2021 08:30

That screenshot is heartbreaking. what a mess.

FannyCann · 26/05/2021 08:13

This is the thing about the Law Commission proposals to give commissioning parents legal parentage before birth. They claim this will make surrogate mothers feel safer Hmm
They also state that in situations where the CPs renege on the deal then social services will step in the same as they do for any other new mother/parents who reject their baby. So it makes no different except the CPs will have to take time out from their grand new plans to sign off the papers. Should the SM decide to step up to her responsibilities to the baby she has carried and keep it I'm not sure if that will be straightforward paperwork or if it will be more complex given she won't be the legal parent. I don't recall seeing anything in the consultation paper that mentioned that but since it was a 500 page paper I probably missed it. It would be ironic if a woman was to give birth to a baby she had decided to keep and social workers stepped in and took it to a foster home while they decided if she actually could keep it or if they had other adoptive parents lined up.

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