A same-sex couple from Canada is pursuing legal action against the surrogate mother who carried their now 2-year-old son, alleging she refused their demand to terminate the pregnancy due to a minor birth defect and a cleft lip.
The lawsuit, filed in Ontario Superior Court in May, claims the parents assert the surrogate inadequately informed them about the baby’s health, placed the child at risk, breached confidentiality, and caused them emotional distress. While the exact financial claim is not specified, the surrogate indicated the couple is seeking approximately $600,000.
The couple reportedly asked the surrogate to end the pregnancy at 22 weeks after an ultrasound revealed the fetus had a cleft lip, possibly a cleft palate, and a minor heart defect. The surrogate, a single mother, told the outlet that the couple's demand felt like a threat to her home, stating, "You know I'm a single mom, you know I have a daughter, and you’re basically suing me for my house. It seems very s—ty, it’s just awful."
She added, "I just feel used … They didn’t get the perfect child they wanted and they threw me away."
Unlike in the United States, where surrogate compensation can exceed $100,000, Canadian surrogates are reimbursed only for documented expenses incurred during the pregnancy. The surrogate shared that after deciding to become a surrogate and being listed on Surrogacy in Canada Online’s website, she was contacted by numerous prospective families.
She ultimately chose the same-sex couple, and in-vitro fertilization was performed using a donor egg and both of their sperm. The relationship initially seemed positive, but deteriorated in June 2024 when she informed the couple about the ultrasound results. The surrogate stated she received a message from the couple while she was in the Dominican Republic, stating, "Considering that medical tests indicate that the fetus has, or is likely to have, a genetic, chromosomal or other abnormality or defect, and in accordance with article 8.5 (a) of our surrogacy agreement … we want to inform you of our wish that the pregnancy be terminated."
The surrogate refused the abortion request, explaining that she would have considered it if the child's survival was unlikely, but not for a condition she considered largely cosmetic. Doctors at Mount Sinai Hospital had informed the parents that the baby was generally healthy with no major issues beyond the cleft lip.
Tensions resurfaced when the surrogate opted for a home birth with midwives, a choice the parents opposed, preferring a hospital setting due to the cleft lip. During the delivery, the child experienced breathing difficulties but recovered after receiving oxygen. An ambulance was called to transport the infant to the hospital.
Following the child's treatment, the parents took him home and ceased contact with the surrogate. She then sought reimbursement for approximately $10,000 in outstanding expenses, including lost wages, transportation costs, and missed pension contributions.
When the parents did not respond, she initiated a small-claims court action, where she discovered their contract mandated arbitration for disputes. Subsequently, she was served with the lawsuit.
Sally Rhoads-Heinrich, owner of Surrogacy in Canada Online, commented on the case, suggesting it highlights the need for enhanced legal protections for surrogate mothers in Canada. "What I find most difficult in this is they are suing the woman who brought their son to them," Rhoads-Heinrich stated. "How is their son going to feel some day if he learns that?"
Bioethics professor Juliet Guichon of the University of Calgary remarked that the parents appeared to be punishing the surrogate and that their request for an abortion raised further questions. Guichon added, "The question arises as to whether it is in the best interests of the child to be raised by these people."