A woman in Ontario was 22 weeks pregnant when the two men who hired her sent a letter. It cited a clause. “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,” the letter read, “we want to inform you of our wish that the pregnancy be terminated.” The defect was a cleft lip. “Although very difficult,” the men added, “this decision is free and informed.”
She said no. Further testing at a Toronto hospital found the baby healthy apart from the cleft lip, which surgery corrects. The men accepted it, and the boy was born. Then they sued the surrogate for roughly $600,000.
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