The Volokh Conspiracy

Mostly law professors | Sometimes contrarian | Often libertarian | Always independent

About The Volokh Conspiracy Editorial Independence Who we are Books Volokh Daily Email Archives Search DMCA RSS

Surrogacy Contracts, Abortion, and Peonage

Some questions for liberals and conservative to think about.

Josh Blackman | 8.13.2026 3:22 PM

A tragic case in Texas has given me an opportunity to rethink the relationship between surrogacy contracts, abortion, and peonage.

In short, a couple from California signed a surrogacy contract with a woman from Alaska. A fertilized embryo was implanted in the Alaska woman. At the 20-week mark, the child was diagnosed with a congenital heart disease that would require multiple surgeries to survive. Pursuant to the surrogacy contract, the couple ordered the woman carrying their child to terminate the pregnancy. The woman refused and she traveled to Texas where the abortion would have been illegal. The Texas Attorney General intervened, and sought a TRO to ensure the child would receive medical care. The child has now been born. The couple from California gave him one name and the woman from Alaska gave him another name. Now there will be a contest for custody. Presumably this dispute will be adjudicated by the Texas courts. All the while, the baby will face weeks of risky surgeries.

We should all pray for the baby on many fronts. He faces extremely dangerous procedures........

© Reason.com