Canadian Couple Sues Surrogate Who Refused Abortion of Child with Cleft Lip

A same-sex male couple in Ontario, Canada, is suing their surrogate mother after she refused their request to abort a fetus diagnosed with a cleft lip and possible minor abnormalities. The surrogate, who carried the child conceived via egg donation and the couple's sperm, invoked a contract clause but declined the abortion at 22 weeks, citing the treatable nature of the condition. Specialists later confirmed the child would likely be healthy aside from the cleft lip. The dispute escalated over the place of birth (home vs. hospital) and unpaid surrogacy costs of approximately $10,000. The couple took the child home after birth but broke contact. The surrogate sought arbitration for reimbursement, leading to the lawsuit. The case highlights conflicts over surrogate rights, prenatal diagnostics, and contractual obligations in Canadian surrogacy law, where compensation is limited compared to the United States.