Canada: A gay couple is suing the surrogate mother they hired to have a child after she refused to have an abortion when doctors detected minor abnormalities

A Canadian gay couple has dramatically exposed the limits and moral and ethical seams of surrogacy. In case anyone doubted that this is a objectification of women—in which she is nothing more than a vessel for third parties to fulfill their desire to have a child—what happened in Ontario dispels any such doubts.

The surrogate mother hired to carry a child for the couple—who refused to terminate a 22-week pregnancy after doctors detected several abnormalities that did not endanger the baby's life—was sued by the commissioning parents. Specifically, in 2024, an ultrasound indicated that the baby had a cleft lip, a possible cleft palate, and a mild heart defect, which the woman relayed to the contracting couple.

"In accordance with our surrogacy contract… we wish to inform you of our desire to terminate the pregnancy"

The reply left her "devastated": "Given that medical tests indicate that the fetus has, or is likely to have, a genetic, chromosomal, or other anomaly or defect, and in accordance with Article 8.5 (a) of our surrogacy contract… we wish to inform you of our desire to terminate the pregnancy. Although it has been very difficult, this decision is voluntary and well-considered."

However, the woman decided that she could not terminate a pregnancy at 22 weeks based on what she considered a cosmetic defect that did not jeopardize the baby's survival after birth.

The couple finally agreed to proceed with the pregnancy, after doctors at the Mount Sinai clinic explained to them that the child would be healthy, aside from the aforementioned cleft lip.

Tensions resurface over the birth location

However, tensions resurfaced at the time of delivery, as they insisted it take place in a hospital due to the baby's condition, while she preferred to give birth at home with the help of midwives.

At birth, the baby needed oxygen and was taken by ambulance to the hospital, but there were no further complications, and the couple took the girl home and cut off all contact with the mother.  The woman sued them for $10,000 to cover outstanding expenses, lost wages, transportation costs, and unpaid contributions to her pension plan.

The couple chose to ignore the claim and, instead, filed a lawsuit seeking $600,000 from the woman, alleging that she "failed to adequately inform them about the baby's health, endangered the child's life, breached confidentiality, and caused them emotional distress," according to reports the Canadian National Post, which has had access to the complaint.

"I feel used… They didn't get the perfect daughter they wanted, so they've discarded me"

The woman spoke with the newspaper to express her despair over the situation: "You know I'm a single mother, you know I have a daughter, and basically, you're suing me to take my house. I think it's absolute crap; it's horrible. I feel used… They didn't get the perfect daughter they wanted, so they've discarded me."