A Montreal couple has filed a surrogacy lawsuit against an Ontario-based agency seeking nearly $200,000 after their journey to parenthood ended in stillbirth and alleged financial disputes. Kristina Kasparian and Jeremy Cohen say their experience with Canadian Fertility Consulting (CFC) left them with heartbreak, financial losses, and questions about surrogacy oversight in Canada.
The couple spent 11 years trying to have a child before turning to surrogacy. After enduring years of fertility struggles and repeated miscarriages, they signed on with CFC and were matched with a surrogate who became pregnant with their embryo in 2023. Their hopes were high but fragile after so many previous disappointments.
Pregnancy Tragedy Unfolds
The pregnancy initially showed normal development, giving the couple renewed hope. Kasparian explained the emotional weight they carried throughout the process, having never progressed past six to eight weeks in previous pregnancies due to miscarriages.
“Everything was developing normally and we were extremely excited, but also we felt very fragile because we had never gotten that far in a pregnancy on our own.”
Their hopes were shattered in December 2023 when they learned the baby’s heartbeat had stopped. Days later, their child was delivered stillborn. Cohen described receiving the devastating news as “almost unbelievable” and “definitely a shock.”
Lawsuit Allegations: Breach of Contract
Earlier in 2026, the couple filed a lawsuit against Canadian Fertility Consulting seeking nearly $200,000. The legal action alleges the company breached its contract and failed to properly oversee expense reimbursements submitted by the surrogate. They are also seeking damages for significant psychological harm.
In its statement of defence, CFC denies breaching its contracts and argues the lawsuit was filed outside the applicable limitation period. The allegations have not been proven in court. A lawyer representing CFC declined to comment beyond the company’s court filings.
The Expense Reimbursement Dispute
Under Canadian law, surrogates cannot be paid for carrying a child but can be reimbursed for certain pregnancy-related expenses. The dispute centers on expense claims the couple says they reimbursed during the pregnancy.
Kasparian and Cohen allege that among 575 receipts provided through CFC, some were duplicates, some were unrelated to the pregnancy, and others were dated months before the pregnancy began.
“After all these expenses that were just so unnecessary, if the CFC had taken better care of these receipts in the first place, then we wouldn’t be in this position. Just so much time and effort. It just makes you feel taken advantage of.”
The case highlights potential oversight gaps in Canada’s surrogacy industry and raises questions about how intended parents can protect themselves during the surrogacy process.
Health Canada’s Response
In an emailed statement, Health Canada said it could not comment on specific cases because of privacy concerns. A spokesperson indicated that complaints are reviewed and prioritized, and if a contravention of the law is identified, the department has several enforcement options available.
This response underscores the limited public information available about how surrogacy complaints are handled in Canada, leaving many prospective parents uncertain about their protections.
Second Surrogacy Attempt Also Ends in Loss
Despite their devastating experience, Kasparian and Cohen attempted surrogacy again in 2024 through a different agency and with another surrogate. Tragically, that pregnancy also ended with a loss.
Now, the couple says they are coming to terms with the possibility they may never have a child. After more than a decade of trying, their focus has shifted from building a family to advocating for systemic change.
“My hope is that if we can’t have this dream, then I really would like surrogacy to be safer and more ethical and transparent for others in Canada and abroad. If I could help with that, that would mean something.”
Surrogacy in Canada: What Prospective Parents Should Know
This case serves as a cautionary tale for families considering surrogacy in Canada. The surrogacy process involves significant emotional, financial, and legal considerations. Here are key points to understand:
- Commercial surrogacy is illegal in Canada — only altruistic surrogacy is permitted
- Surrogates can only receive reimbursement for pregnancy-related expenses
- Intended parents should carefully review all receipts and expense claims
- Working with a family lawyer familiar with surrogacy law is strongly recommended
- Documentation and oversight of all financial transactions is critical
The Latin community in Canada increasingly explores surrogacy as a path to parenthood. Understanding the legal framework, potential risks, and available protections is essential before beginning this journey.
For those considering surrogacy, experts recommend thorough research into any agency, seeking references from previous clients, and maintaining detailed records throughout the entire process. Legal counsel specializing in reproductive law can help navigate the complex regulations surrounding surrogacy in Canada.
Is commercial surrogacy legal in Canada?
No, commercial surrogacy is illegal in Canada. Only altruistic surrogacy is permitted, meaning surrogates cannot be paid for carrying a child. However, they can be reimbursed for certain pregnancy-related expenses.
How much does surrogacy cost in Canada?
While the source article mentions a lawsuit seeking nearly $200,000, actual surrogacy costs vary significantly depending on agency fees, medical expenses, legal fees, and reimbursements to the surrogate.
What protections exist for intended parents in surrogacy arrangements?
According to Health Canada, complaints about surrogacy agencies are reviewed and prioritized. If a contravention of the law is identified, the department has enforcement options available. Intended parents should work with legal professionals and carefully document all transactions.
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