Quebec couple sues Ontario surrogacy agency after stillbirth, alleges improper expenses

MONTREAL: A Quebec couple's hope for parenthood through surrogacy turned into heartbreak and a legal battle after their surrogate experienced a stillbirth and they subsequently filed a lawsuit against the Ontario-based agency they hired. Kristina Kasparian and Jeremy Cohen, who had been trying to have a child for 11 years, turned to surrogacy after years of fertility struggles and miscarriages.

They were matched with a surrogate who became pregnant with their embryo in 2023. "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," Kasparian said, recalling previous miscarriages around six to eight weeks. Their hopes were shattered in December 2023 when they learned the baby's heartbeat had stopped, and the child was delivered stillborn days later.

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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.

"Getting the news from the surrogate, it was almost unbelievable," Cohen stated. "It was definitely a shock. I wasn’t really sure how to react, but I was trying to be as supportive as possible for herself having to go through this and for ourselves thinking, OK, this is really the end of the line." Earlier this year, the couple filed a lawsuit against Canadian Fertility Consulting (CFC), seeking nearly $200,000. They allege the company breached its contract and failed to properly oversee expense reimbursements submitted by the surrogate. The couple is also seeking damages for significant psychological harm caused by the experience.

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Getting the news from the surrogate, it was almost unbelievable. It was definitely a shock. I wasn’t really sure how to react, but I was trying to be as supportive as possible for herself having to go through this and for ourselves thinking, OK, this is really the end of the line.

In its defense, CFC denies breaching its contracts and contends the lawsuit was filed outside the applicable limitation period. The allegations have not yet been proven in court. The core of the dispute lies in expense claims that the couple says they reimbursed during the pregnancy. Canadian law prohibits payment for surrogacy itself but allows reimbursement for pregnancy-related expenses. Kasparian and Cohen claim that among 575 receipts submitted through CFC, some were duplicates, unrelated to the pregnancy, or dated months before it 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," Cohen said. "Just so much time and effort. It just makes you feel taken advantage of." A lawyer for CFC declined to comment beyond the company's court filings. Health Canada stated it could not comment on specific cases due to privacy concerns but confirmed that complaints are reviewed and prioritized, with enforcement options available if legal contraventions are identified. Despite this devastating loss, the couple attempted surrogacy again in 2024 through a different agency.

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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.