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

A custody battle over a newborn with a heart condition raised a question courts have rarely faced: Can anyone be forced to end a pregnancy?

By: Sonia Suter, George Washington University and Naomi Cahn, University of Virginia, The Conversation

Outlets: The Conversation

Published: October 9, 2026

Words: 1,260

Last Updated: 1 week, 2 days ago

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By Sonia Suter, George Washington University and Naomi Cahn, University of Virginia

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 contracts typically address parental rights, the possibility of abortion, medical instructions, health insurance and payment of expenses, each side with its own legal representation. The contracts are usually honored, resulting …

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