Hypothetical;
Jack is 34
Jill is 31
They are married and childless.
Jill has been diagnosed with terminal cancer. She has been given 1 year to live.
Jack and Jill want to have a child as a legacy of their relationship. The doctors have told Jill that if she were to fall pregnant the foetus would not survive to term.
Jack and Jill are advised that the only likely way that they might have a child of their own is for Jill to provide an egg, Jack to provide sperm and for the fertilised egg to be implanted and carried to term by a surrogate mother.
A surrogate is found. Her name is Heather. She is 32 and she declares that she been a surrogate on 3 previous occasions. Heather agrees to act as surrogate for Jack and Jill. She agrees to carry the foetus to term if a fertilised egg can be successfully implanted and provided that there are no medical indications that would prevent her from doing so. She will charge no fee but all costs associated with every aspect of the hoped-for pregnancy will be covered by Jack and Jill.
A formal, legal contract is signed by all parties.
A fertilised egg is successfully implanted.
10 weeks into the pregnancy, Heather approaches Jack and Jill and demands that they pay her $100,000.00. If they fail to agree to her demands she threatens to abort the foetus.
Jack and Jill cannot afford to pay Heather what she asks and they feel that they are the victims of an extortion.
They seek your advice. Can they insist that Heather continue to carry the foetus to term? Can the law prevent Heather from carrying out her threat to abort? Can Heather demand her right to abortion?
Is this a scenario where a woman’s right to determine what happens with respect to her body is not an absolute priority and where the rights of other involved must be taken into account?
Thank you in anticipation of your thoughts on this matter
Jack is 34
Jill is 31
They are married and childless.
Jill has been diagnosed with terminal cancer. She has been given 1 year to live.
Jack and Jill want to have a child as a legacy of their relationship. The doctors have told Jill that if she were to fall pregnant the foetus would not survive to term.
Jack and Jill are advised that the only likely way that they might have a child of their own is for Jill to provide an egg, Jack to provide sperm and for the fertilised egg to be implanted and carried to term by a surrogate mother.
A surrogate is found. Her name is Heather. She is 32 and she declares that she been a surrogate on 3 previous occasions. Heather agrees to act as surrogate for Jack and Jill. She agrees to carry the foetus to term if a fertilised egg can be successfully implanted and provided that there are no medical indications that would prevent her from doing so. She will charge no fee but all costs associated with every aspect of the hoped-for pregnancy will be covered by Jack and Jill.
A formal, legal contract is signed by all parties.
A fertilised egg is successfully implanted.
10 weeks into the pregnancy, Heather approaches Jack and Jill and demands that they pay her $100,000.00. If they fail to agree to her demands she threatens to abort the foetus.
Jack and Jill cannot afford to pay Heather what she asks and they feel that they are the victims of an extortion.
They seek your advice. Can they insist that Heather continue to carry the foetus to term? Can the law prevent Heather from carrying out her threat to abort? Can Heather demand her right to abortion?
Is this a scenario where a woman’s right to determine what happens with respect to her body is not an absolute priority and where the rights of other involved must be taken into account?
Thank you in anticipation of your thoughts on this matter