Sex, Money, and a Baby: Canadian Judge Rules on Wild Surrogacy Case

Ellen Trachman | Above The Law | July 14, 2021

This case involves a Canadian couple struggling with infertility who had attempted unsuccessfully multiple times to conceive via IVF and surrogacy in India. The husband had an affair with a woman, who later entered an unsupervised surrogacy agreement with the couple. After various attempts to conceive, the woman eventually gave birth to a child with her donated egg and the husband’s sperm through a disputed method.  In 2020, she demanded more compensation and parenting time with the child, eventually filing a legal case. So far, the court has classified her as a nonguardian and deemed her request harmful to the child, and the case will go to trial in January 2022.

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