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When abortion and surrogacy law collide, contracts can’t answer the hardest questions

<name>Sonia Suter, Professor of Law, George Washington University</name> <foaf:homepage rdf:resource="https://theconversation.com/profiles/sonia-suter-1303960"/>· 9 octobre 2026

Who controls a pregnancy is one question surrogacy contracts struggle to answer. skaman306/Moment via Getty Surrogacy arrangements – agreements for someone to carry a pregnancy for the intended parents – have existed for millennia , and modern surrogacy contracts for half a century . These contract…

Résumé

Surrogacy basics

Surrogacy is an arrangement where a person, called the surrogate, carries a pregnancy for intended parents who cannot or choose not to carry it themselves.

These arrangements have existed for thousands of years, with modern legal contracts dating back about 50 years.

Typical surrogacy contracts cover topics like parental rights, medical instructions (including the possibility of abortion), health insurance, and payment for expenses.

Both sides usually have their own lawyers to negotiate these contracts.

In the U.S., thousands of babies are born through surrogacy each year, with costs often exceeding $200,000 when agencies are involved.

These contracts are generally honored, but they cannot always predict or resolve conflicts that arise during the process.

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