REPORT: Gay Canadians Sue Surrogate Mother Who Allegedly Refused To Abort Their Baby Over Birth Defect

Interesting abortion, canada, gay, homosexuality, surrogacy admin July 18, 2026 0 Comments

REPORT: Gay Canadians Sue Surrogate Mother Who Allegedly Refused To Abort Their Baby Over Birth Defect

A gay Canadian couple is reportedly suing their surrogate years after she allegedly refused to abort their baby after doctors detected a birth defect.

The mother is being sued after the gay couple claimed the surrogate failed to inform them of the baby’s health, broke confidentiality, placed the child at risk, and prompted them to face emotion distress, according to the filing obtained by the National Post. The child, who is now two years old, was found to have a cleft lip and potential genetic abnormalities during a routine ultrasound, the mother said. She said specialists suggested the child was healthy with a relatively minor birth defect. (RELATED: Canada Moves To Abolish Religious Protections For So-Called ‘Hate Speech’)

A cleft lip is rarely life threatening and can be fixed with surgery.

The lawsuit does not specifically mention the gay couple’s alleged request to terminate the baby at 22 weeks in 2024, according to the filing. The relationship began falling apart after the disagreement over the abortion, the surrogate mother and the adoption agency alleged.

The mother provided the Post with a letter reportedly from the couple requesting the abortion. “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,” it read, the outlet reported. “Although very difficult, this decision is free and informed.”

The exact dollar amount was not mentioned in the lawsuit but the mother said the gay couple indicated that they were seeking roughly $600,000 in damages, according to the Post.

Toronto-based attorney Jonathan Lancaster, who represents the couple, declined to comment to the outlet.

Sally Rhoads-Heinrich, the owner of Surrogacy in Canada Online, recounted how the gay couple had changed their mind about having a baby with the surrogate mother.

“What I find most difficult in this is they are suing the woman who brought their son to them,” Rhoads-Heinrich told the Post. “How is their son going to feel some day if he learns that?

The mother spoke out about what the legal dispute was costing her. “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 sh*ty, it’s just awful,” she said. “I just feel used … They didn’t get the perfect child they wanted and they threw me away.”