A Canadian homosexual couple is taking a surrogate mother to court for refusing to abort their baby after it was discovered the fetus would have a cleft lip and possibly a heart condition. According to the National Post:
The Ontario-based surrogate insisted that more tests be conducted and eventually the same-sex couple agreed to let the pregnancy continue, as specialists indicated he was a healthy child with a relatively minor birth defect.
But in a suit filed in Ontario Superior Court this May, the parents allege the woman failed to keep them informed about the health of the baby, put the child at risk, caused them emotional distress, and violated their confidentiality, all charges the surrogate denies vehemently.
Initially, the surrogate had a good rapport with the couple, carrying a baby from in vitro fertilization using donor eggs and each of their sperm. After the health prognosis, however, which included a cleft lip,
she was told by way of a letter to abort the baby at 22 weeks.
“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… Although very difficult, this decision is free and informed.”
She refused. After further testing, it was revealed that the physical defects could be overcome with surgery and therapy, and they relented with their abortion petition. The woman eventually gave birth to a mostly healthy baby boy, whom the couple adopted. Months later, they sued her, seeking $600,000 in damages.
The National Post further explains that as a result of the surrogate refusing to abort, one of the men needed to take 14 months off work.
“The suit also charges she violated their confidentiality and caused serious emotional distress, with one of the parents unable to work from July 2, 2024 – when the woman said she would not have an abortion – until September 2025.”
Commenting on the lawsuit, the surrogate mother said:
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. I just feel used … They didn’t get the perfect child they wanted and they threw me away.”
