A deeply controversial legal case out of Canada is drawing widespread attention. A same-sex male couple has filed a lawsuit against the surrogate mother they hired after she refused to end her pregnancy when medical testing indicated the unborn child could have a cleft lip along with other potential birth defects.
The case is being characterized as a “wrongful birth” lawsuit — a legal claim typically made when parents argue they would have chosen not to continue a pregnancy had they been given accurate medical information. In this situation, however, the couple is directing that claim against the surrogate for not following through with an abortion.
Adding to the controversy is the outcome of the pregnancy itself: the child was born in good health, with only a single minor birth defect, and doctors expect the child to live a full and healthy life.
Despite that outcome, the two men are moving forward with their lawsuit, seeking $600,000 in damages from the surrogate mother.
