The case in Tarrant county that was recently decided by the courts brings Texas’s law protecting the life of an unborn into question. If you have not been following along with the case, a woman who was pregnant with a 21 week old fetus, who was brain dead, was just removed from life support following the lawsuit filed by her husband to let her die. Texas has a law on the books that was believed to keep a pregnant woman on life support in order to safely deliver her child after viability is reached. This case now throws a wrench into that supposition, because as it was decided in court, if the pregnant woman is in fact brain dead, then she cannot be required to remain on life support.
How this applies to surrogacy is if a surrogate were pregnant, but became brain dead, and her husband requested her removal from life support, it now appears that there would be little that the Intended Parents would be able to do to stop the court from issuing an order to comply to the hospital. This makes it even more important that the Surrogate and her husband sign Living wills and medical powers of attorney stating that they agree to remain on life support until the child or children she is carrying can be safely delivered. Simple Surrogacy assures that each surrogate has these estate planning documents signed and notarized and on file once they reach the second trimester. These documents will assure that the surrogate and the person she empowers to make medical decisions for her in case of incapacitation both agree to allow her to remain on life support until such time the baby is delivered. With this paperwork signed and executed, the Intended Parents can be confident that their baby would remain in the womb until it could be safely delivered. Simple Surrogacy has been executing these documents for years now, benefiting the Intended Parents with peace of mind, and allowing the Surrogate and her family the assurance that their wishes are known and respected. These documents are another way that Simple Surrogacy, as your Surrogacy Agency, is doing everything we can to protect out Clients and Surrogates from even the most unlikely of events. And as this week’s court decision makes clear, you never know what could happen, so you should plan for the worst eventualities.