Canada couple sues surrogate mother who refused to have abortion

A couple in Canada have legal action against their son's surrogate, two years after she refused to abort the foetus.

The parents had made the decision to undergo a series of genetic tests to examine whether their future child might battle any physical disabilities.

They discovered early on that their boy suffered from a cleft lip.

This describes a congenital facial abnormality that occurs when the structures of the upper lip fail to join completely during foetal development.

With this in mind, the couple - who aren't being named to protect the privacy of the child - admit they controversially requested that the surrogate they'd chosen to carry their son undergo an abortion at 22 weeks.

Responding, however, the Ontario-based surrogate pleaded with the child's parents for more medical assessments, after which specialists insisted the child would be perfectly healthy, and would only suffer a minor defect.

The couple admit to having their surrogate to through several genetic tests (Getty Stock Images)

The surrogate claims, having heard this news, the couple eventually agreed to allow the pregnancy to continue - something they've since refuted.

In a lawsuit filed to Ontario Superior Court back in May, the pair claim their surrogate refused to keep them in the loop with the health of their unborn baby, and therefore put the child at risk.

They say she '[failed] to follow the [parents'] direction regarding decisions affecting the foetus's medical care', and claim her actions caused them severe emotional distress, and violated their confidentiality.

The surrogate denies these allegations.

In their filings, the couple failed to mention the abortion request they made in June 2024.

Despite this, the surrogate and the agency that put her in contact with the child's parents admit the request was made, after which relations between all parties became somewhat sour.

The couple reportedly sought an abortion on the basis that their son was born with a cleft lip (Getty Stock Images)

The surrogate claims the request left her 'devastating', and insists she'd have agreed to an abortion in cases whereby the child would not survive after birth, but not in the case of an otherwise healthy 22-week-old foetus.

On this, Surrogacy in Canada Online owner, Sally Rhoads-Heinrich, also told National Post: "That’s when everything changed - they wanted a termination."

The couple admit that tensions rose between themselves and the surrogate, but say this came after she insisted on going ahead with the pregnancy, and had discussed her plans to undergo a home birth.

They also say the surrogate filed a small claims suit asking them to cover her out-of-pocket expenses, which she admitted would cover the income she lost from work during her pregnancy, transport costs, and contributions to her pension plan.

The couple brought legal action against their surrogate (Getty Stock Images)

Now, the couple are seeking a much larger $600,000 from the surrogate, who told the press in a recent interview: "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****y, it’s just awful. I just feel used - they didn’t get the perfect child they wanted, and they threw me away."

Supporting the surrogate, Rhoads-Heinrich went on to claim: "What I find most difficult in this is they are suing the woman who brought their son to them.

"How is their son going to feel some day if he learns that?"

She added that the dispute reflects a wider concern around the protections available to surrogates, who she says take on significant physical and emotional risks while carrying pregnancies for parents struggling with fertility.

"Moreover, they earlier sought to end the fetus’s life for a medical condition that… can be completely overcome by surgery and therapy," Rhoads-Heinrich continued.

"The question arises as to whether it is in the best interests of the child to be raised by these people."