When a small, petite woman becomes a Surrogate Mother, who got pregnant with triplets, she will not likely be able to carry any of them long enough for any of them to be able to survive, will she or the couple of the Intended Parents want to conduct a selective reduction with the aim of ensuring the arrival of at least one or two healthy babies?
In case if the Surrogate Mother would simply change her mind about carrying her pregnancy to term, will she be able to make an abortion?
All these as well as other not less painful issues are to be discussed and resolved beforehand in order to avoid any disagreements in any of these areas during the pregnancy term, when not much will be able to get changed. That is why it is extremely important that the Intended Parents would look for a Surrogate Mother, who will have similar values as for these issues.
Even in case all the abovementioned issues are discussed, and if the surrogacy agreement is reached between its participants, sill, how will the Intended Parents be able to know that their Surrogate Mother is doing everything, she promised to do? And what can happen if she does not?
As for the management of pregnancy and medical testing, the Intended Parents may reserve the right to choose the obstetrician / gynecologist for their Surrogate Mother, which may give them more input about these issues. There is no doubt, that the Intended Parents will want their Surrogate Mother to sign a release, which would give them access to all her medical records and test results, which have anything to do with pregnancy, as well as it will give them the right to communicate with her obstetrician / gynecologist, no matter which participant selected her / him. If so, the Intended Parents will be able to know whether any or all of the previously agreed procedures are followed. In case if the Surrogate Mother does not manage to do everything, which is required by the surrogacy agreement, the Intended Parents can either apply to the court to enforce the agreement and force their Surrogate Mother to comply, or they can treat it as a breach of the surrogacy agreement and use any possible remedies the surrogacy agreement gives them for breach of some specific provisions.
As for the Surrogate Mother’s abstinence from alcohol, caffeine, nicotine, etc., the Intended Parents can require blood testing to be conducted with the aim of checking for the presence of these or any other forbidden substances in the blood of the Surrogate Mother; however, it can be done, only in case if this right is mentioned in their surrogacy agreement.
In case if the Surrogate Mother decides to terminate a viable pregnancy or refuses to make an abortion at the request of her Intended Parents, there is practically nothing that the couple of the Intended Parents is able to do to make her change her decision. Anyway, still, there are some certain remedies, which can be included into the surrogacy agreement. These remedies are:
Disallowance of compensation;
Modification of the surrogacy agreement participants’ custodial rights to and obligation for the child.
As the proverb goes, an ounce of prevention is worth a pound of cure – there is nothing, which can minimize or prevent all kinds of disputes and disagreements of the participants. Anyway, a thorough discussion and negotiation of all the issues, which can possibly arise, as well as the drafting of a detailed surrogacy agreement, which reflects the intent of all participants and provides for reasonable monitoring and remedies in case of any breach are necessary to be done before the pregnancy occurs.
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