# Abortion and surrogacy law clash

> Surrogacy contracts can't resolve abortion conflicts when laws differ.
- Title: Abortion and surrogacy law clash · The Conversation | Shortify
- Summary: Surrogacy contracts can't resolve abortion conflicts when laws differ. In a 2026 case, a surrogate refused abortion after fetal heart condition, leaving her…
- Keywords: mckenna west, surrogacy, abortion, fetal heart condition, texas, california, dobs decision, bodily autonomy, reproductive justice, legal parentage, surrogate, intended parents
- Source: The Conversation — https://theconversation.com/when-abortion-and-surrogacy-law-collide-contracts-cant-answer-the-hardest-questions-291832
- Author: Naomi Cahn
- Read time: 1 min
- Topics: mckenna west, surrogacy, abortion, fetal heart condition, texas, california, dobs decision, bodily autonomy, reproductive justice, legal parentage, surrogate, intended parents
## 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.
## Key takeaway

In a 2026 case, a surrogate refused abortion after fetal heart condition, leaving her with no rights to the baby.