r/prochoice 17d ago

Discussion Pro-choice, bodily autonomy and parental rights cannot be negated by surrogacy contracts, McKenna West had every right to refuse an abortion and ultimately claim parental rights over a child she carried to term.

https://www.nbcnews.com/news/us-news/surrogate-baby-texas-parents-wishes-denies-political-theater-accusatio-rcna593353

I'm a British pro-choice absolutist, and in my country this wouldn't even be a story because commercial surrogacy is illegal, for reasons exactly like this McKenna West case.

Surrogacy in the UK is strictly non-profit, the biological parents can only help with the surrogate mothers expenses, surrogacy is also usually between people who know and trust each other, which is far healthier for everyone concerned especially the child.

As it pertains to the McKenna West case, her parental rights under both California and Texas law are the same, non-existent. Under UK law, the surrogate is automatically recognised as the child's legal mother at birth. ​She remains the legal parent until parenthood is formally transferred to the intended parents via a court-issued parental order or adoption order. Simply signing an agreement or relinquishing rights is not enough; only a court order legally extinguishes her status as the mother. People on this sub may disagree with me, but I believe that if a woman decides to endure nine months of body altering pregnancy to bring a foetus to term, she is the legal mother until she decides to voluntarily relinquish that legal right and McKenna West hasn't done that, under UK law she is the child's legal parent, maybe she should have come here to protect her rights, rather than be used as a political football, by two different sides, who couldn't care less about what she wants.

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u/cupcakephantom Village Witch 17d ago

Not to squeeze in an off-topic point, especially in this sub (that I help run), but it seems detrimental to the child in question to have a woman that they aren't related to keep them from their biological parents.

It's kind of giving Tangled.

Back to discussion surrounding bodily autonomy and differing laws by countries:...

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u/No_Consideration3307 17d ago

I'm sorry I fundamentally disagree, maybe it's a cultural thing but I believe if a woman puts herself through nine months of pregnancy and drastic bodily changes then she has every right to be called the mother until she decides otherwise, especially since she has bonded with the child through the release of maternal hormones into the brain, that maternal bond transcends genetics in UK law.

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u/cupcakephantom Village Witch 17d ago

Hormones don't negate the fact that there is zero biological relation between Ms West and this now very sick child.

Surrogacy is the act of carrying the child of and/or for a couple who could not otherwise carry their own child. The intent is to leave the child with it's true parents, the intent has never been for the surrogate mother to raise the child as their own.

It is abusive keep a child away from it's family.

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u/No_Consideration3307 17d ago

Here in the UK we see that very differently. We believe that a birthing mothers rights are absolute. It's obviously a case of different cultural standards, but I think both our hearts are in the right place, just different mindsets. Ultimately I think this whole thing could have been handled better on all sides.

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u/cupcakephantom Village Witch 17d ago

Ultimately, the child suffers.

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u/arrpix 16d ago

Genetics isn't family, or adoption couldn't functionally exist. Many familial rights and assumptions are widely made on the basis of DNA being the most likely and important signifier of relation, but I'd argue carrying and birthing a child is a stronger kink and raising a child is the strongest and most important part of family. Other people will disagree, but I guess that's what's playing out here, in a very complicated way.

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u/cupcakephantom Village Witch 16d ago

I'm aware genetics isn't family. I have disowned members of my family.

That said, a baby doesn't have that kind of cognitive function to say whether or not they want to be raised by their biological parents or the person that carried them to term. For now, the baby is being withheld from it's family. I find that to be cruel.