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Talmud Law, PLLC The Law Offices of Rebecca J. Talmud

Legal considerations for surrogates after overturn of Roe v. Wade

On Behalf of | Sep 22, 2022 | Adoption

Pregnancies are exciting. While many are eager to see a woman’s growing baby bump, a pregnancy is just as much about the mother as it is about the baby. And even if the pregnant woman will not serve as the baby’s mother, her health is paramount in matters involving surrogacy. Whether it is a couple suffering infertility or a LGBTQ couple, ensuring that the rights of the surrogate as well as their rights are covered in the situation is essential. This is exceedingly more critical in the post Roe v. Wade world, as this means assessing a wide range of scenarios and legal considerations for them.

Surrogate contracts

In New York and many states across the country, those party to a surrogate contract must consider fetal anomalies and life-threatening events much further. Because many states are assessing and debating their stance on the right to abortions, those entering surrogate contracts need to consider situations where a ban on abortions could greatly impact the parties involved.

While abortions are historically rare for surrogate pregnancies, parties to these legal arrangements are always walked through a comprehensive list of scenarios that might lead one or both parties to believe that an abortion would be necessary. In most cases, parties agree that termination would be necessary to save the life of the surrogate or if it is determined that the fetus has a severe genetic irregularity that would impact quality or length or life.

New legal issues

With the legal realm surrounding abortions changing greatly, this could get surrogates as well as surrogacy agencies in legal trouble. In some instances, an agency could face prosecution for aiding a surrogate in accessing abortion care. This could extend to helping them obtain care related to an ectopic pregnancy or a miscarriage. In addition to the agency facing potential fines and prosecution, the intended parents could face ramifications for paying for the procedure.

Because the laws are ever changing, it is important to understand how they might impact your surrogate contract. Whether you are considering surrogacy or currently have a surrogate, it is important to understand how to protect your rights and what you can do if a legal issue arises.