
In the 22nd week of surrogate Brittney Pearson’s pregnancy, she was diagnosed with an aggressive form of breast cancer. Because the necessary treatment could harm the baby, her doctors recommended inducing labor early and allowing the baby to be cared for in neonatal intensive care while she started chemo. However, the gay couple paying Brittney Pearson to serve as their surrogate did not want a premature baby with potential developmental or health problems. They wanted her instead to have an abortion.
Pearson offered to put the baby up for adoption, but the men refused because, according to Pearson, they did not want a child who was genetically related to one of them somewhere “out there.” According to Pearson, the men threatened both her and her doctors with a lawsuit if she did not abort her child. Because of California’s radical surrogacy laws, which allow financiers of a surrogacy arrangement to be granted legal parental rights of the baby before he or she is born, they likely would have prevailed.