A same-sex couple in Canada is suing the surrogate mother of their son, alleging negligence and emotional distress, two years after she refused their request to abort the fetus. The lawsuit, filed in Ontario Superior Court in May, claims the surrogate failed to keep the parents informed about the baby's health and put the child at risk.
The surrogate, identified as Sally Rhoads-Heinrich, stated that the dispute began in June 2024 when the parents requested a termination at 22 weeks of pregnancy. She said the request followed an ultrasound indicating the baby had a cleft lip, potentially a cleft palate, and a minor heart defect. Rhoads-Heinrich, a single mother who works as a corrections officer, said she was devastated by the request but felt uncomfortable terminating the pregnancy over what she considered a minor issue, especially since doctors later confirmed the baby was otherwise healthy.
According to the National Post, the couple then traveled to Toronto, where specialists at Mount Sinai Hospital reportedly advised them that the baby had no problems beyond a cleft lip and was generally healthy. Following this, the parents reportedly agreed to proceed with the pregnancy. However, further conflict arose when Rhoads-Heinrich insisted on a home birth, as per their contract, while the parents preferred a hospital delivery due to the cleft lip.
After the baby's birth, which involved some breathing difficulties that were managed by midwives and hospital staff, Rhoads-Heinrich said the parents largely cut off communication. She later sought reimbursement for approximately $10,000 in out-of-pocket expenses related to the pregnancy, including lost income and pension contributions. When her requests went unanswered, she initiated a small claims suit for reimbursement, only to learn that their contract stipulated monetary disagreements be resolved through arbitration. Shortly thereafter, she discovered she was being sued by the couple.
The statement of claim filed by the parents alleges that the surrogate failed to keep them informed of the fetus's health, acted negligently, and did not follow their discretion regarding the fetus's medical care. They also claim she violated their confidentiality and caused significant emotional distress, impacting one parent's ability to work for over a year.
While the lawsuit does not specify a damages amount, the surrogate indicated that the plaintiffs are seeking around $600,000, a sum that could jeopardize her home as a single mother. She expressed feeling used and discarded because the child was not 'perfect.'
Sally Rhoads-Heinrich, owner of Surrogacy in Canada Online, the agency that connected the couple and surrogate, highlighted the vulnerable position of surrogates in Canada. Unlike in the U.S., surrogates in Canada are legally prohibited from receiving commercial fees and can only be reimbursed for documented expenses. This arrangement often means surrogates undertake pregnancies primarily to help others, but can leave them unprotected if parents abandon the agreement or refuse to cover costs.
Bioethics professor Juliet Guichon of the University of Calgary echoed concerns about the legal vulnerability of surrogates in Canada, suggesting the parents may be retaliating against the woman for alleged contract violations. Guichon also questioned whether it was in the child's best interest to be raised by parents who initially sought to terminate the pregnancy over a condition that could be addressed with surgery.