Montreal Couple’s Surrogacy Journey Ends in Heartbreak and Legal Dispute

Sophie Tremblay, Quebec Affairs Reporter
5 Min Read
⏱️ 3 min read

A Montreal couple’s long-awaited path to parenthood, marked by hopes of surrogacy, has transformed into a painful saga of loss, financial strife, and a lawsuit against their chosen agency. Kristina Kasparian and Jeremy Cohen, who dedicated over a decade to their aspirations of becoming parents, found themselves grappling with profound disappointment after their surrogate’s pregnancy ended tragically.

A Journey of Hope Turned Tragic

After enduring years of fertility challenges and multiple miscarriages, Kasparian and Cohen sought the help of Canadian Fertility Consulting (CFC), based in Ontario, to pursue surrogacy. In 2023, they were matched with a surrogate who successfully conceived using their embryo. “Everything was developing normally, and we were extremely excited, but we felt very fragile because we had never gotten that far in a pregnancy on our own,” Kasparian recounted, reflecting the couple’s cautious optimism after their past struggles.

However, their hopes were shattered in December 2023 when they received the devastating news that their baby’s heartbeat had ceased. “Getting the news from the surrogate was almost unbelievable,” Cohen stated, grappling with the weight of such profound loss. The couple faced the heart-wrenching reality as their stillborn child was delivered days later, marking a painful end to what they had envisioned as a joyous beginning.

Financial Disputes Emerge

In the wake of their loss, the couple initiated legal proceedings against CFC, claiming nearly $200,000 in damages. Their lawsuit alleges a breach of contract, accusing the agency of failing to effectively manage expense reimbursements submitted by the surrogate. According to their claims, the couple experienced significant psychological distress as a result of the ordeal.

CFC, for its part, has denied any wrongdoing, asserting that the lawsuit was filed beyond the permissible time frame. The allegations remain unproven in court, and the agency’s legal representative has refrained from commenting further. The heart of the dispute lies in the reimbursement claims associated with the pregnancy, which, under Canadian law, prohibits surrogates from receiving payment for carrying a child, though they are entitled to compensation for certain pregnancy-related expenses.

Kasparian and Cohen allege that out of the 575 receipts submitted through CFC, many were duplicates, irrelevant to the pregnancy, or dated prior to conception. “After all these unnecessary expenses, if CFC had properly handled these receipts, we wouldn’t be in this position,” Cohen lamented, expressing feelings of being exploited amid their grief.

Seeking Change Amid Heartbreak

Despite their harrowing experience, the couple opted to pursue surrogacy once more in 2024, this time through a different agency and with another surrogate. Regrettably, they faced another loss, further complicating their emotional journey. Now, they find themselves grappling with the haunting possibility that their dream of parenthood may never materialise.

“My hope is that if we can’t have this dream, then I really would like surrogacy to be safer, more ethical, and transparent for others in Canada and abroad,” Kasparian expressed, highlighting her desire for change in the surrogacy landscape. “If I could help with that, then it would have been worthwhile.”

Why it Matters

The heart-wrenching experience of Kasparian and Cohen underscores the urgent need for reforms in the surrogacy process in Canada, where legal ambiguities and financial disputes can leave intended parents vulnerable. As more couples turn to surrogacy in hopes of building their families, it is essential that the system evolves to provide transparency, support, and a framework that prioritises the well-being of all parties involved. Their story serves as a poignant reminder of the human emotions entwined in the journey to parenthood, as well as the systemic changes required to protect those navigating similar paths.

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