Gestational-surrogacy agreements commonly address termination and selective reduction in advance; professional guidance recommends doing so. But advance agreement doesn’t eliminate conflict when the parties later disagree.
A court wouldn’t compel a surrogate to undergo an abortion. The unresolved question is whether refusal could nevertheless support financial consequences—loss of compensation, reimbursement, or damages.
My latest post examines the latest dispute and the contractual language at issue, earlier cases, and state laws that protect a surrogate’s medical decision-making autonomy.