Surrogacy contracts struggle

Surrogacy contracts typically address parental rights, abortion, medical instructions, health insurance, and payment.

2026 case conflict

Surrogate McKenna West refused abortion after fetus had serious heart condition, moving to Texas for family support.

Contract terms

West’s contract allowed abortion for fetal abnormalities if intended parents requested it, but she claimed threats of six-figure penalties.

“their lawyer and my own former lawyer sent me letters threatening six-figure penalties if I didn’t comply with their demand to terminate”

Texas legal battle

Texas courts required lifesaving care for baby after intended parents refused consent to surgery, leaving West with no rights to the child.

“the intended parents have refused to agree that they will consent to the lifesaving surgery”

Previous conflicts

In 2012, surrogate Crystal Kelley refused abortion after fetal heart defect, moving to Michigan and placing baby for adoption.

Baby M case

In 1988, a surrogate who was also genetic mother won legal rights despite signing contract to relinquish parental rights.

State patchwork

Surrogacy laws vary by state, creating conflicts where contracts are enforceable in some states but not others.

Post-Dobbs world

After Dobbs, surrogacy and abortion laws have become intertwined with fetal personhood debates.

Bodily autonomy

Courts may enforce abortion clauses but rarely compel surrogates to have abortions against their will.