Who should have the final say over medical treatment when a birth surrogate and the intended parents disagree?
The intended parents — They are the child’s biological parents and should retain decision-making authority under the surrogacy agreement.
The surrogate mother — She carried and gave birth to the child and should be able to seek treatment she believes will save the baby’s life.
The courts — Judges should decide when the parents and surrogate disagree, based on the child’s best interests.
It depends on the circumstances — The answer should vary based on the medical diagnosis, the surrogacy contract, and state law.
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