Abstract:
Although Canadian law has evolved over the past two decades in attempt to respond to surrogacy arrangements and their perceived risks and benefits, current laws only envisage situations in which a child who is born via surrogacy is desired by the intending parents – and possibly by the surrogate mother. Canadian law does not currently contemplate situations where intending parents change their minds and renege on their agreement, leaving the surrogate with a child that she did not intend, nor desire, to keep. This article considers whether tort law could provide a remedy to a surrogate mother if intending parents decide not to honour their surrogacy arrangement. It focuses specifically on a situation in which a surrogate gives birth to a healthy baby, and it explores whether the surrogate mother could claim compensation for the costs associated with raising this child.
Carsley, Stefanie, Tort’s Response to Surrogate Motherhood: Providing Surrogates with a Remedy for Breached Agreements (2013). (2013) 46:1 UBC Law Review 1.
First posted 2015-04-17 09:34:45
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