Roe v. Wade — Possible Surrogacy Law Impact

by | Jan 5, 2023 | Blog, Fertility Law

For anyone that is not familiar with the Roe v. Wade case, it is a 1973 Supreme Court case that ruled that a woman’s right to have an abortion is protected by the Constitution. This has stirred a lot of debate ever since it was ruled. There are those that believe that a woman should have the right to choose what she does with her body and there are those that believe that abortion is murder. Surrogacy laws will have an impact on this case because they give parents the choice of whether or not to abort the baby. 

Roe v. Wade in Surrogacy 

The Roe v. Wade case is still relevant today and will continue to be relevant as long as there are abortions taking place. For both intended parents and surrogates, it is important to be aware of how the law stands currently. Working with a fertility lawyer can help to ensure that everyone understands their legal rights and responsibilities. A contract where all the specifics will be included such as what happens if there is a medical emergency, what the parents’ wishes are in terms of abortion, and more. It is more than stating whether or not abortion or selective reduction is allowed, but goes into detail about how the decision will be made and who has the final say. 

Abortion for Selective Reduction in Surrogacy 

Some parents may choose to have an abortion for selective reduction purposes if they are carrying multiple fetuses. This is a difficult decision to make, but it is one that the parents will have to make. The surrogate will not be able to make this decision on her own, unless her life is in danger. The surrogate should and must abide by the decision of the parents without any exceptions, besides the risk of death. 

The Impact of Different State Regulations on Abortion in the U.S. 

The U.S. is basically a country of fifty different states when it comes to abortion. But as a nation as a whole, the U.S. is a pro-life country. It is one of the few nations in the world that does not have a national law legalizing abortion on demand. But, it is important to note that, depending on which state you live in, abortion laws can be very different. 

Citing an example, Texas is a state that does not allow abortion. This is being strictly  implemented, unless a pregnant woman’s life is directly threatened by the pregnancy. However, there are no exemptions to this law whether the pregnancy is a result of incest or rape. Thus, anyone who is a victim of rape or incest and becomes pregnant is not allowed to have an abortion in Texas. They might need to travel to another state for the procedure. 

This gives way to a dilemma, especially for reduced fetal abortion cases where pregnancy is not stopped completely but rather just reduced by the number of fetuses. As a parent or the donor or someone who is legally handling the matter, you specifically want the surrogate to give birth in a state where the law is more lenient, and obtaining birth certificates and other documents for the baby will be much easier. 

How Medical Practitioners are Affected by Roe v. Wade 

The Roe v. Wade case has had a profound impact on medical practitioners. It has resulted in many doctors refusing to perform abortions. From the very beginning of determining whether or not a pregnancy should be terminated, to the actual procedure, to the care of the patient afterward, doctors have a lot to consider when it comes to an abortion. 

Not to mention the consideration of avoiding legal ramifications. As a result, at the stake of losing their medical license or going to jail, many doctors might not perform abortion services. This will significantly impact a woman’s access to safe and legal abortions. 

Final Thoughts 

Abortion as a whole is an industry itself. That means it will stay relevant for as long as there are women who need or want abortions. And even though it might be a touchy subject for some, it is still an important health service to provide for women. It is their choice, and it should be respected as such. 

Since Roe v. Wade, the legal landscape has changed, and it has become more difficult for women to access these rights. For specific cases of surrogacy, it is important to be well-informed of the different state laws regarding abortion and to act accordingly. Parenthood is a beautiful thing, but it comes with great responsibility. For a more detailed and planned parental journey, working with a legal professional is a must. Florida Fertility Legal Services understand every challenge that can be faced by parents-to-be and we are here to help you every step of the way. 

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