Newuseroftheweek
So whose rights are most important? Consider these scenarios and explain how time and consideration will sort it out:
At 12 week prenatal testing it’s discovered the fetus has a severe abnormality. The surrogate wants to abort, should she be allowed to? What if the adoptive parents are religious and don’t want her to? What if the adoptive parents want to abort but the surrogate is religious and doesn’t want to? What if the pregnancy will threaten her life but the adoptive parents don’t want to abort? What if the adoptive parents decide that if she continues with a pregnancy resulting in a child with a severe abnormality they won’t have anything to do with it?
What if the pregnant woman has a major complication like a pulmonary embolism? What if she can’t return to full functioning afterwards? What if she can never work again as a result? What if she can’t look after her own family?
What if there is a conflict between parties about timing and mode of delivery? Who gets to decide? What if there’s a severe hypoxic ischaemic injury to the baby as a result of this decision? Is it anyone’s fault? Should a woman be forced to undertake a Caesarean section?
What if after a severe hypoxic ischaemic injury the adoptive parents decide they don’t want to look after a child with severe spastic quadraplegic cerebral palsy? Who does the baby belong to?
What if the pregnant woman developed gestational diabetes and didn’t look after herself? Ditto high blood pressure?
What if there’s an intrauterine fetal death? What if it’s discovered the pregnant woman smoked and drank? What if she ate something considered high risk? What if she undertook an activity deemed high risk? Should blame be apportioned? Could someone sue someone in this scenario?
What if, in the postnatal period, the birth mother develops severe postnatal depression or psychosis? Who looks after her? For how long? What if it stays with her for years?
These are just some initial thoughts. How will time, consultation, legislation etc reconcile all of these scenarios?