Ugly feud between couple and surrogate mother erupts as woman who carried their son is sued after refusing to abort the fetus

Published: 06:55, 14 July 2026 | Updated: 06:55, 14 July 2026 A same-sex couple in Canada is suing the surrogate mother of their son, two years after she refused their request to abort the fetus. In the suit filed in Ontario Superior Court in May, the parents allege the Ontario-based surrogate failed to keep them apprised about the baby's health, put the child at risk, caused emotional distress and violated their confidentiality, the National Post reports. The statement of claim does not specifically mention the couple's request in June 2024 to terminate the pregnancy at 22 weeks, but both the surrogate and the head of the agency that connected the two parties said the disagreement was the first sign of any trouble. 'That's when everything changed... they wanted a termination,' said Sally Rhoads-Heinrich, owner of Surrogacy in Canada Online. The surrogate insisted more tests be conducted, and after specialists indicated that the baby was a healthy child with a relatively minor birth defect, the couple agreed to let the pregnancy continue. But tensions escalated once again after the woman insisted on having a home birth, as was agreed upon in their contract, and later filed a small claims suit asking the parents to reimburse out-of-pocket expenses related to the pregnancy. It was shortly after she filed the small claims suit, which has since gone into arbitration, that the woman said she found out she was being sued. A same-sex couple in Canada is suing the surrogate they hired after she refused to get an abortion The couple connected with the surrogate on Surrogacy in Canada Online The Ontario woman told the National Post she first became interested in surrogacy after seeing two close friends struggle to conceive. 'I work in an awful place,' said the surrogate, a single mother who works as a corrections officer. 'I see the worst humans in the world, and it was like something positive.' After her profile went up on Surrogacy Canada Online's website, she said she heard almost immediately from 50 couples wanting her services, some of whom even sent flowers to her home. Eventually, she narrowed down the prospects until she settled on the same sex couple and underwent in vitro fertilization with embryos from a donor egg and each of their sperm. The surrogate said their rapport was positive for the first few months of the pregnancy - but that all changed in late June 2024 after she informed the expectant parents that an ultrasound indicated the baby had a cleft lip, possibly a cleft palate and a minor heart defect. She said she then received a letter from the 'intending parents' asking her to abort the fetus. '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,' the letter read. 'Although very difficult, this decision is free and informed.' Doctors at Mount Sinai Hospital in Toronto, which specializes in obstetric care, reportedly told the couple the baby had no problems beyond a cleft lip and was generally healthy The surrogate was in the Dominican Republic officiating an international wrestling competition at the time, and was left 'devastated' and a 'mess' after receiving the letter, she said. She ultimately decided she would have agreed to have an abortion if the baby had no chance of survival after birth, but was not comfortable terminating the pregnancy over what she considered a largely cosmetic defect. The parents then came to Toronto, where doctors at Mount Sinai Hospital - which specializes in obstetric care - said the baby had no problem beyond the cleft lip and was generally healthy. At that point, the surrogate said, the parents agreed to proceed with the pregnancy. But more conflict arose when the surrogate insisted on keeping to the original plan to have the baby delivered in a private home by midwives, and not in a hospital as the parents requested due to the cleft lip. She said the baby had breathing problems upon delivery, but soon recovered when the midwives administered oxygen and called an ambulance to take him to the hospital. From there, the woman said the parents took the baby home and for the most part cut off communication with her. Later, however, she asked the couple to reimburse her for about $10,000 in outstanding expenses, including lost income from work during the pregnancy, contributions to her pension plan she missed and transportation costs. When she heard nothing back after repeated requests, the woman said she went to small claims court - only to learn that their contract required monetary disagreements be resolved by arbitration.  Soon after, she said, came the parents' lawsuit.  For Sally Rhoads-Heinrich, owner of Surrogacy in Canada Online, the saga highlights the vulnerable position of surrogates in the country It alleges that the surrogate failed to keep them abreast of the fetus' health, put the baby's health at risk by negligent behavior and 'failed to follow the [parents'] discretion regarding decisions affecting the fetus's medical care,' according to the National Post. It also claims that the surrogate violated their confidentiality and caused serious emotional distress, with one of the parents unable to work from July 2, 2024 - when the surrogate refused to have an abortion - until September 2025. The lawsuit does not claim a specific amount of damages, but the surrogate said plaintiffs have indicated they're seeking about $600,000. 'You know I'm a single mom, you know I have a daughter and you're basically suing me for my house,' she lamented. 'It seems very s*****, it's just awful. 'I just feel used,' she continued. 'They didn't get the perfect child they wanted and they threw me away.' For Rhoads-Heinrich, the saga highlights the vulnerable position of surrogates in Canada, who are legally barred from charging commercial fees - unlike their counterparts in the US.  Instead, they could only be paid for receipted expenses. Most woman who decide to become surrogates in Canada therefore get pregnant simply to help others. But sometimes, she said, they fail to get their costs paid or are left literally holding the baby when the parents walk away.  '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?' Rhoads-Heinrich said of this case. Juliet Guichon, a bioethics professor at the University of Calgary, also said the case underscores that surrogates are vulnerable under Canadian law - noting that it appears the parents in this case are punishing the woman for allegedly contravening their agreement. 'Moreover, they earlier sought to end the fetus's life for a medical condition that... can be completely overcome by surgery and therapy,' she said. Based on what she knows about the case, Guichon said, 'The question arises as to whether it is in the best interests of the child to be raised by these people.' The Daily Mail has reached out to the parents' lawyer, Jonathan Lancaster, for comment.