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Canadian Surrogocy Fight Raises Questions

When a British Columbia couple discovered the fetus their surrogate mother was carrying was likely to be born with Down syndrome, they wanted an abortion. The surrogate, however, was determined to take the pregnancy to term, sparking a disagreement that has raised thorny questions about the increasingly common arrangements.

Under the agreement the three signed, the surrogate's choice would mean absolving the couple of any responsibility for raising the child, the treating doctor told a recent fertility medicine conference.

It appears no surrogacy contract has actually been contested in a Canadian court, however, leaving the transactions in some legal limbo
In some U.S. jurisdictions, in fact, parents can even sue a surrogate to recoup their payments if the woman insists on going ahead with a pregnancy against their wishes, Rhoads said.

The surrogate was implanted with an embryo created with the parents' egg and sperm. An ultrasound during the first trimester showed the fetus was likely to have trisomy 21, the genetic abnormality that leads to Down syndrome. A further test confirmed the diagnosis.

If the surrogate signed the contract and agreed to the terms, does she have the right to continue the pregnancy anyway?

If so, does she have the right to ask for financial support to do so?


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