The couple had two frozen embryos left from in-vitro fertilization, and for a $22,000 (U.S.) fee, Kelley, a mother of two, would try to carry one of them to term. It worked: Kelley got pregnant. And then everything fell apart. At five months, an ultrasound revealed the fetus wasn’t developing properly; the baby had a cleft palate, a cyst in her brain and serious heart defects, CNN reports. Doctors told the parents and Kelley that the baby would need major surgeries after she was born, and even then had a 25 per cent chance of a “normal life.” (via CNN, Why this couple offered their surrogate $10,000 to abort their baby - The Globe and Mail)
- The biological parents wanted Kelley to have an abortion, and they had a contract in which she had agreed to this step if abnormalities were identified. But Kelley, saying she was opposed to abortion on moral and religious grounds, said she wanted the baby to have a chance, and she refused. Communication between Kelley and the couple collapsed. In the back and forth that happened next through third parties, the biological parents said they wouldn’t be the legal parents of the baby, and they were about to cut off her surrogacy support, which Kelley needed to take care of her own family. They offered Kelley $10,000 to have an abortion; in a “weak moment,” Kelley told CNN, she said to tell them she would do it for $15,000, and then changed her mind. She wouldn’t have the abortion under any terms.
- In Connecticut, the biological parents take legal precedence over the surrogate, so the couple then declared that they would take custody of the child and give her up to be a ward of the state. Kelley’s solution: have the baby in another state, where surrogacy contracts are not recognized.
- But as the CNN story points out, what about the decision Kelley made? Is she “a saint who fought at great personal sacrifice for an unborn child whose parents who didn’t want her to live?” Or, did she “recklessly abscond” with someone else’s child after legally agreeing to give them decision-making power over its future, and make a decision that wasn’t hers to make?
