Surrogate Mother Aborts
Unborn Baby Diagnosed with Down Syndrome
Part Two of Four
By Liz Townsend
An unborn baby being
carried by a surrogate mother in British Columbia, Canada, died
by abortion after doctors diagnosed Down syndrome. The surrogate
initially refused when the biological parents insisted the baby
be aborted, but she eventually had the abortion when it was
determined she would have to raise the baby herself if she went
against the parents' orders, according to the National Post.
The sad story was related
by Dr. Ken Seethram at the Canadian Fertility and Andrology
Society annual meeting October 1. Seethram, of the Pacific
Centre for Reproductive Medicine in Vancouver, discussed the
incident in terms of the contract between the surrogate and the
parents and whether more government oversight is needed, the
Post reported.
Others saw the inherent
dangers in reducing human life to a contractual transaction.
"Should the rules of commerce apply to the creation of children?
No, because children get hurt," bioethicist Juliet Guichon of
the University of Calgary told the Post. "It's kind of
like stopping the production line: 'Oh, oh, there's a flaw.' It
makes sense in a production scenario, but in reproduction it's a
lot more problematic."
Seethram gave no
identifying details about the adults involved, but did say it
occurred within the past year, according to the Post.
The surrogate received an
embryo created from the biological parents' egg and sperm. An
ultrasound during the first trimester showed evidence of trisomy
21, or Down syndrome. After another test seemed to confirm the
diagnosis, the biological parents told the surrogate to abort
the baby, the Post reported.
Seethram said that the
adults had not seriously considered the possibility that the
baby would have Down syndrome. "They were certainly quite
shocked," he said, according to the Post. "Obviously, [the
parents] had come on a long journey before commissioning the
surrogacy, [but] all they were thinking about was success."
Vancouver lawyer Larry
Kahn said that "contracts usually absolve the parents of
responsibility when a defect is found and the surrogate refuses
an abortion," according to the Post. However, he added that if
it were tested in court, a judge might not uphold it--but he was
not aware of any cases that have challenged such a contract.
The contract in Seethram's
case followed this formula, and the surrogate would have had to
care for the child had she gone against the parents.
Although Seethram suggested that the contract "undermined the
surrogate's right to make decisions in a 'non-coercive'
environment," the Post reported, the surrogate did not contest
the contract in court. Feeling unable to raise the baby herself,
she aborted the baby.
This case demonstrates
once again the ethical problems that surround advances in the
technology of human life. "The B.C. case is a reminder that
sober thought needs to be given to the possibilities that the
technology developed has opened up, including the pitfalls of
surrogacy," according to an editorial in the Calgary Herald.
"What needs to be kept
uppermost in mind while sorting through the moral and ethical
ramifications of the complex scenarios in vitro fertilization
has engendered, is that a human being--not a commodity or
product--is the subject matter."
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Part Three
Part Four
Part One |