That is a really tough question. You a have two competing issues here: the right of property of the original owner of the embryo (biological mother) and the rights of the unintended surrogate mother. This is a legal issue that I don't think anyone would willingly want to deal with.
You must consider that the unwilling surrogate has a physical and psychological burden. You must also consider that every pregnancy has the risk of death and permanent physical deficits for any surrogate. Given this, I think that the desires of such an unwilling surrogate outweigh the property rights of any unwilling embryo donor/owner.
One would hope, however, that anyone willing to go through the trouble of IVF treatment might be more inclined to carry to term such a pregnancy at the REQUEST of the unwilling embryo donor/owner. I know that didn't happen in the case sited above, but the opportunity should have been given to the embryo donor/owner. I believe that the doctors acted improperly, unethically and possibly illegally in this instance (if it were in the US-Japan not sure of the legality of embryo as property).
In the case of the surrogacy contract, the contract would hold. The only way that I could see a surrogacy contract forbidding abortion being canceled would be if the health of the surrogate were seriously at risk. Other than that instance, if the surrogacy contract forbade it, I would think that an abortion would be a breach of contract and therefore addressed under law.
I have added some links below regarding embryos as property. It is clear that the issue is still evolving somewhat in the courts.
My leaning is that if sperm donors have no say, then embryo donors also have no say. Maybe in both cases you could request a special clause requiring the pregnancy be carried to term, but I think the basis needs to be case law related to sperm donors. Once you donate, unless you added special rules, you have no say.
Well, until I got to the end of the article, I agreed with this statement, "It may be your baby, but it's her body, and that's the legal trump card. " Nobody can tell her what to, or not to do, with her reproductive organs. But at the end I felt so sad... the other woman is in her 40's, has never been able to get pregnant.Do they have more embryos for her?
Can they get more embryos from her? Was this her last chance at seeing a baby born from her? They claim they didn't tell the other woman because she was too weak... doubt it... they probably didn't tell her because they didn't want drama.
But they should have told her, immediately. And I think they should have had the chance to explain this to the carrying mother. If this WAS the older woman's last chance at ever seeing a baby born from an embryo of her own, maybe the carrying mother would have understood... I know I would have.
The carrying mother is only in her 20's, there's so much time left, unlike the other woman... I would've carried the baby and let her adopt it (if it was proven to be hers, since the first 2 embryos were the correct ones) and gone for the next one. But that's all easy to say while looking in from the outside, and not easy to do once on the inside. Regardless, I still think that... unless, as said above, there's a clause clearly defining that the carrier waives the right to an abortion... it's ultimately her body that noone can control besides her.
The question will be solved by determining the point where the biological mother gives up her embryo. I think that once embryo is implanted, that the biological mother has fulfilled her donation. When the embryo is physically implanted into another person, all control over health, growth, etc is transferred to the recipient.
The demarcation point could be changed if a contract was in place where both people agreed on a point other than the time of transplant. However, without provision it makes the most sense to me that when the embryo is successfully transferred the donor looses control.
I cant really gove you an answer,but what I can give you is a way to a solution, that is you have to find the anglde that you relate to or peaks your interest. A good paper is one that people get drawn into because it reaches them ln some way.As for me WW11 to me, I think of the holocaust and the effect it had on the survivors, their families and those who stood by and did nothing until it was too late.