Question

(a) Does the mother with the wrong embryos have the right to have an abortion (Roe v. Wade says yes prior to viability).

(b) Does the mother who carries the baby but who is not biologically related to the child have ANY rights (visitation/keeping the baby)? (no, legally).

(c) Duty/breach/proximate cause and damages against the infertility clinics. What ethics are involved in telling/not telling/timing of telling. Who is responsible -employer/employees (respondeat superior).

(d) Is there any duty owed to tell the child of the birth (non-biological mother).

Please discuss each of the parties' rights, the laws that apply and what you thought about the outcome.

Answer 1

A) Yes

b) No , Legally

c)respondeat superior

d) Non biologicall mother .

In January 1973, the Supreme Court issued a 7–2 decision, "right to privacy" that protects a pregnant woman's right to choose whether or not to have an abortion. The Court classified the right to choose to have an abortion as "fundamental", which required courts to evaluate challenged abortion laws under the "strict scrutiny" standard.

Here the mother is having wrong embryo and not biologically related to child, This will force upon the woman a distressful life and future, it may bring imminent psychological harm, caring for the child may tax the mother's physical and mental health, and because there may be distress, for all concerned, associated with the unwanted child, Hence the court should reasoned the outlawing abortion without infringing a pregnant women’s right to privacy.

Ethical concerns were viewed as more serious for techniques that could result in a child who may not be biologically related to the woman or her partner than for those yielding a child biologically related to both parents. Social structural factors such as age and education were the strongest predictors of attitudes towards the ethics of infertility treatments. Superior officer should inform the mother and make her aware about the situations. Timely concern should be done.

Non biological mother does not have a parental responsibility hence no need to inform the child regarding same.