Someone was saying that there should be laws in place to keep a TS from changing their mind and that we as a community should bind together and push for those laws.
So say, that the surrogacy community binds together. And the world hears them (which I don’t think is likely) and it becomes possible that a TS’s rights to the child are severed at or before conception rather than post-birth because there is a contract that the IPs pay ‘pain and suffering’ and then they get their baby.
Next, someone will want to make it so that an expectant parent considering adoption can sign over he parental rights prior to birth to have her living expenses covered or whatever. That sounds like coercion. Currently, all expenses paid by adoptive parents have to be considered as gifts because they can’t force the parents to terminate rights. Now, I don't believe high e-mom expenses shoudl be allowed in adoption but that's a different blog. There is a very good reason that in adoption, there is a waiting period post-birth to consider the decision. If coercion can be proven, in most states, the adoption can be overturned.
In TS, people will argue that there is time for consideration before the agreement takes place. In adoption, they could argue that the time for consideration is during the pregnancy. That time prior to birth doesn’t count in adoption because the expectant mother is full of hormones and hasn’t yet met the child. Why should that be different for a TS?
Oh…I agree, absolutely that except in dire circumstances, the TS contract should be upheld. But I don’t agree that the laws surrounding TS should change. I think it would be very hard to change the laws of TS without altering all laws regarding parental rights termination. I think altering all TPR laws to allow them to take place during pregnancy would be a big mistake.
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