Tort's Response to Surrogate Motherhood: Providing Surrogates with a Remedy for Breached Agreements
(2013) 46:1 UBC Law Review 1
32 Pages Posted: 16 Apr 2015
Date Written: 2013
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.
Keywords: assisted reproductive technologies; surrogacy; tort law; child-care costs; compensation
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