A gay couple in Canada has filed a lawsuit against a surrogate mother who refused to abort their baby after doctors discovered a cleft lip and possible heart defect.
The same-sex couple filed suit in Ontario Supreme Court in May, alleging that the surrogate mother put their unborn child at risk, caused emotional distress and breached confidentiality by failing to inform them of the baby’s health status, the National Post reported.
The lawsuit comes two years after the couple asked the woman to terminate her pregnancy at 22 weeks, but the woman refused the request.
Both the mother and the surrogate mother suggested that the woman’s refusal to have an abortion damaged the relationship between the surrogate mother and the couple.
“That’s when everything changed,” said Sally Rose Heinrich, owner of the Canada Online surrogacy site. “They wanted to be fired. What I find most difficult about this is that they are suing a woman who brought her son in. How will their son feel if he finds out someday?”
The surrogate mother reportedly had a good relationship with the couple before the abortion controversy arose. The baby was conceived through in vitro fertilization with donor eggs and sperm from each of the intended fathers. The couple decided to have an abortion after an ultrasound revealed that she might have a cleft lip, cleft palate, or a mild heart condition.
“We would like to inform you that in view of medical tests indicating that the fetus has or may have a genetic, chromosomal or other abnormality or defect, we wish to terminate the pregnancy pursuant to Article 8.5(a) of our surrogacy agreement,” the gay couple wrote. “It is very difficult, but this decision is free and informed.”
The woman said she was “devastated” by the request and admitted she was considering terminating the pregnancy if doctors determined there was no realistic chance the fetus would survive after birth. However, medical personnel at Toronto’s Mount Sinai Hospital later determined that the baby was otherwise very healthy, with only a possible cleft lip as the only significant finding.
In the end, the couple accepted the surrogate’s proposal and agreed to proceed with the pregnancy. But the friction didn’t end there. The couple wanted to give birth in a hospital due to concerns about possible complications from a possible cleft lip. However, the surrogate mother proceeded to give birth at home under the supervision of a midwife, as stipulated in the original contract.
The newborn experienced breathing difficulties at birth, but quickly recovered after midwives administered oxygen and arranged for an ambulance to the hospital.
When all was said and done, the surrogate mother sought repayment of approximately $10,000 in out-of-pocket expenses related to the pregnancy and birth, including lost income and unpaid pension contributions. Her complaint was first filed in small claims court, but the couple’s contract stated that such disputes must go through arbitration.
At the same time, the couple filed a lawsuit against the mother, a single woman, seeking approximately $600,000. In their filing, the men alleged that the surrogate mother “failed to follow instructions regarding decisions affecting the medical care of the unborn child.” The surrogate mother said she believed the couple rejected the child because they were unable to meet their expectations.
“You know I’m a single mother, you know I have a daughter, and you’re basically suing me for ownership of the house,” she told the Post. “(I’m) really bad. I just feel used. … They didn’t get the perfect kid they wanted and dumped me.”
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