The fetus is a fetus and not a child or person.
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Many ethicists feel strongly that the surrogate-parent relationship is too delicate to have contract law applied to it, saying that in such cases, the child becomes a product rather than a person.
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The child is a person, the surrogate is performing a service, not delivering a product. Your mechanic might spend nine months working on your car, but it's not his, especially if you've paid him (mechanic's liens aside)
It's not that complicated. If the service provider's services are no longer needed, then that is the end of it, and any payment arrangements should stand if that;s how they were negotiated.
If the surrogate is one of the parents then you were stupid to enter into that faustian arrangement in the first place. The state should take the baby away from all of you and make sure you don't try to pull a stunt like this again. Clearly, one or more of you were not mature enough to being playing this game.
ffs