This is the tragic conclusion when an unborn baby is viewed as a product, a cleft lip as a defect, and a surrogate’s refusal to abort as a breach of contract.
A same-sex male couple in Canada has filed a massive $600,000 lawsuit against a woman who acted as their gestational surrogate after she refused their demands to terminate their unborn son.
The reason for their abortion demand? An ultrasound at 22 weeks had revealed that the baby had a cleft lip and a possible heart defect.
For the intended “parents,” this minor birth defect was treated as a manufacturing flaw and the surrogate’s refusal to “throw away” the flawed product was considered a breach of their surrogacy contract. The surrogate, a single mother with a daughter of her own, rightly viewed the baby as a human being whose life was worth protecting at all costs, whether fully healthy or not. Now, as a result of her unwillingness to acquiesce and cast that baby on the scrap heap, she stands to lose everything, including her home.
The Tyranny of the “Perfect Child”
Scripture teaches that every single human life is intentionally fashioned by a loving Creator. As the Psalmist writes, “For You formed my inward parts; You covered me in my mother’s womb. I will praise You, for I am fearfully and wonderfully made” (Psalm 139:13-14).
God does not make mistakes. A child’s value is never dependent on his or her genetic makeup or ability to satisfy someone else’s preferences.
Yet, when the same-sex couple discovered the cleft lip, they immediately pursued the abortion clause in their contract. In a chilling message to the surrogate, they wrote: “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 preborn child was not spoken of as a son or an image-bearer of God, but as a biological specimen subject to “article 8.5 (a).” When the surrogate mother refused to comply with the execution of the child, the relationship deteriorated rapidly.
Doctors at Mount Sinai Hospital in Toronto later confirmed what the surrogate had felt all along. The baby was actually healthy, and the physical concern was minor. The couple ultimately agreed to continue with the pregnancy, and the baby now resides with them. But are they thankful that the surrogate pushed back and allowed them to have the baby they originally claimed to so desperately want? No. Their response to her courage and human compassion was to take her to court.
A Marketplace Designed to Exploit
This lawsuit shines a light on the ethical concerns of the commercial surrogacy industry. The global multibillion-dollar industry commercializes the female womb and treats children as consumer products. The surrogate in this case feels a sense of betrayal that many women who engage in this industry do, and why not? She’s been viewed and treated as little more than a gestational machine to be employed and controlled by the real “parents.”
“You know I’m a single mom, you know I have a daughter, and you’re basically suing me for my house,” the Ontario woman said. “It’s just awful. I just feel used … They didn’t get the perfect child they wanted and they threw me away.”
When human reproduction is removed from the marriage institution and redefined as a business transaction, the child is turned into a commodity that can be bought and sold. As in any other consumer market, buyers in this case also expect a return policy if the “product” turns out to be “defective.”
This is the logical, tragic conclusion of the culture of death. Once you accept the premise that a mother has a “right” to abort her own child for convenience, it is a short step to arguing that a buyer has a “right” to demand the abortion of a contracted child who fails to meet expectations.
Sally Rhoads-Heinrich, the owner of Surrogacy in Canada Online, the agency involved in the transaction, expressed shock at the couple’s actions. “What I find most difficult in this is they are suing the woman who brought their son to them,” she stated. “How is their son going to feel some day if he learns that?”
This case reveals the deep emotional and psychological trauma that children conceived and born through these artificial circumstances will one day have to face. How can a child make sense of the fact that his “parents” intentionally tried to end his life because of a treatable cosmetic condition, which included pursuing the financial ruin of the woman who stepped in to prevent his untimely death?
A Challenge for the Court and the Church
The lawsuit, filed in the Ontario Superior Court of Justice, marks a dangerous shift in the legal warfare against the pro-life worldview. By suing the surrogate for $600,000 for failing “to follow the direction regarding decisions affecting the fetus’ medical care,” the plaintiffs are attempting to establish a legal precedent where a surrogate can be held financially liable for the crime of choosing life.
If the court rules in favor of the couple, it will strengthen future cases suggesting that a contract can mandate the death of an innocent child, forcing women to choose between entering an abortion clinic or facing financial ruin.
Christians must realize that pro-life advocacy goes beyond simply opposing elective abortions. It is also the responsibility of believers to fight any reproductive practices that view human embryos and unborn children as throwaway entities.
The Church must stand as a vocal defender of both the exploited women who are mistreated by wealthy buyers and the vulnerable children who are targeted for death before they ever take their first breath. The surrogate in this case chose the path of righteousness by refusing to be an accomplice to the destruction of an innocent life.
It is now up to the pro-life community to stand with her — and to pray for the child who is now in the hands of “parents” who have already shown they never had his best interests at heart.
A culture that treats children as products needs a better story – one in which every life is received as a gift, every woman is treated with dignity, and truth is spoken with courage. Your gift helps the Standing for Freedom Center tell that story and equip Christians to defend life and family.
