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CA case pits rights of surrogate mom against intended parents

A pregnant woman holds her stomach June 7, 2006.
A pregnant woman holds her stomach June 7, 2006.
Ian Waldie/Getty Images

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A Thousand Oaks surrogate mom is refusing to abort one of three fetuses she is carrying, despite requests from the intended parents.

Brittneyrose Torres, the 26-year-old surrogate, is carrying triplets, the New York Post reports. She was implanted with two fertilized eggs, and one of them split. So she’s been carrying a female fetus and male twins.

Torres said she was asked by the intended parents at week 12 of the pregnancy to abort the female fetus5 out of the safety concerns.

“I told her I couldn't abort one of the children,” Torres told the New York Post. 'I could not emotionally and physically do that at nearly 13 weeks. I believe it will be killing this baby.”

What are the laws governing surrogacy in California? What rights does the surrogate have? What rights do the intended parents have?


Judith Daar, Professor at Whittier Law School, Clinical Professor at UCI School of Medicine and current Chair of the American Society for Reproductive Medicine Ethics Committee

Andrew Vorzimer, reproductive law attorney at Vorzimer Masserman, a fertility and family law center in Woodland Hills. He is the independent counsel for the intended parents