A Montreal couple says a surrogacy journey they hoped would finally help them become parents instead ended in heartbreak, financial disputes and a lawsuit against the agency they hired.
Kristina Kasparian and Jeremy Cohen say they spent 11 years trying to have a child. After years of fertility struggles and repeated miscarriages, they turned to surrogacy and signed on with Ontario-based Canadian Fertility Consulting (CFC).
The couple was 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. “I always miscarried around six to eight weeks.”
Their hopes were shattered in December 2023 when they learned the baby’s heartbeat had stopped. Their child was delivered stillborn days later.
“Getting the news from the surrogate, it was almost unbelievable,” Cohen said. “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.”
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Earlier this year, the couple filed a lawsuit against Canadian Fertility Consulting seeking nearly $200,000. The lawsuit alleges the company breached its contract and failed to properly oversee expense reimbursements submitted by the surrogate. The couple is also seeking damages, alleging the experience caused them 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.
The dispute centres on expense claims the couple says they reimbursed during the pregnancy.
Under Canadian law, surrogates cannot be paid for carrying a child but can be reimbursed for certain pregnancy-related expenses.
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,” Cohen said. “Just so much time and effort. It just makes you feel taken advantage of.”
A lawyer representing CFC declined to comment beyond the company’s court filings.
In an emailed statement, Health Canada said it could not comment on specific cases because of privacy concerns. A spokesperson said complaints are reviewed and prioritized, and that if a contravention of the law is identified, the department has several enforcement options available.
Despite the loss, the couple attempted surrogacy again in 2024 through a different agency and with another surrogate. That pregnancy also ended with a loss.
Now, they say they are coming to terms with the possibility they may never have a child.
“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,” Kasparian said.
“If I could help with that, then it would have been worthwhile.”
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