DANIEL VAUGHAN: The Left Can't Define a Woman. They Sued This One for Refusing to Abort a Baby.

By 
, July 15, 2026

A woman in Ontario was 22 weeks pregnant when the two men who hired her sent a letter. It cited a clause. "Considering that medical tests indicate that the fetus has, or is likely to have, a genetic, chromosomal or other abnormality or defect, and in accordance with article 8.5(a) of our surrogacy agreement," the letter read, "we want to inform you of our wish that the pregnancy be terminated." The defect was a cleft lip. "Although very difficult," the men added, "this decision is free and informed."

She said no. Further testing at a Toronto hospital found the baby healthy apart from the cleft lip, which surgery corrects. The men accepted it, and the boy was born. Then they sued the surrogate for roughly $600,000.

That is what it looks like when a commercial contract owns a pregnancy. The paperwork handed two men the option to end a child's life over a fixable flaw. When the woman carrying him refused to use it, that same paperwork became the weapon they turned on her.

A cleft lip made him defective goods

The couple conceived the boy through IVF, with a donor egg and sperm from each of the two intended fathers. The National Post reviewed the claim and the abortion-request letter. Everything was cordial until an ultrasound in June 2024 showed the cleft lip, along with a possible cleft palate and a minor heart issue. Article 8.5(a) had already priced that outcome. It wrote the child's medical traits into the deal as a term of the sale. On paper, a cleft lip turned him from a child to be cared for into defective goods to be returned.

"Free and informed" is the language of a consumer exercising a warranty, applied to a human being at 22 weeks. The only person in the arrangement who treated the child as a child rather than a product was the woman the contract treated as a vendor. Juliet Guichon, a bioethicist at the University of Calgary, said the intended parents "earlier sought to end the fetus's life for a medical condition that can be completely overcome by surgery and therapy," and that "the question arises as to whether it is in the best interests of the child to be raised by these people."

Canada wrote a law to prevent this, and it happened anyway

Canada bars commercial surrogacy. Under the federal Assisted Human Reproduction Act, a surrogate cannot be paid a fee; she can only be reimbursed for receipted expenses. The law was written precisely to keep women from being bought, and it failed, because commodification does not run on the price tag. It runs on the arrangement.

MORE:  Former Arizona Sen. Jon Kyl, a conservative stalwart who served over 25 years in Congress, dead at 84

The market treats women as supply. The agency owner who matched this pair, Sally Rhoads-Heinrich, says about 100 families are chasing every willing Canadian surrogate, and "the whole world is coming to Canada" because the health system covers the costs. A woman in that market becomes inventory. This surrogate absorbed about $10,000 in real costs, including lost wages and missed pension payments, and got nothing back. One of the men claims he could not work for 14 months because the child was born alive. She was useful while she performed and disposable when she did not. "They didn't get the perfect child they wanted," she said, "and they threw me away."

Two men rented a woman's body to manufacture a child to specification, demanded the child be aborted when he failed inspection, and sued the woman for the offense of delivering him. That arrangement is livestock management with a legal department, not parenthood. The good intentions in the statute do not soften it. They only prove you cannot regulate the buying and selling out of the practice. Its entire premise is that a child can be ordered and a womb can be rented.

The left can't define a woman, but it has no trouble renting one

The same politics that treats "what is a woman" as an unanswerable riddle had no difficulty reducing this woman to a line item. Asked at her 2022 confirmation hearing to define the word "woman," the future Supreme Court justice Ketanji Brown Jackson answered, "I can't ... Not in this context. I'm not a biologist." A movement that cannot say what a woman is has built an industry that rents her by the pregnancy.

Its own feminists warned it. Gloria Steinem, no conservative, made this same argument against New York's commercial-surrogacy bill. She wrote that under such a law "women in economic need become commercialized vessels for rent, and the fetuses they carry become the property of others." The radical feminist Kajsa Ekis Ekman calls surrogacy child trafficking and signed the Stop Surrogacy Now declaration more than a decade ago. The left was told, by the left, that this reduces women to empty vessels, and it went ahead anyway. So this is not a grievance conservatives invented; it is one a whole movement earned by ignoring the warnings its own icons gave it.

MORE:  Former Arizona Sen. Jon Kyl, conservative workhorse who shaped water policy and steered Kavanaugh confirmation, dead at 84

At the other end of life, the killing is filed under care

A numbered clause that lets you end a pregnancy over a treatable birth defect is selection. It decides which children are allowed to be born, by their measured traits, and calls itself informed consent. The calculus that rejects a child for a fixable defect does not stop at the start of life. At the end, it decides some lives cost more than they are worth. Canada runs it at both ends.

Health Canada reported that 16,499 people died by Medical Assistance in Dying in 2024. That is 5.1 percent of all deaths in the country, roughly one in twenty, and a 6.9 percent jump in a single year. Counting 2025 and 2026, campaigners estimate the program has passed 100,000 deaths in the decade since it was legalized. MAID is no longer an exception in Canada; it is now a leading cause of death.

The safeguards keep falling. "Track 2" already covers people whose death is not reasonably foreseeable, the not-yet-dying, and 61.5 percent of those recipients self-identified as disabled, more than double the rate among the terminally ill. Eligibility for people whose sole condition is mental illness is scheduled for March 2027, though a parliamentary committee has urged an indefinite pause. What "choice" means depends on who is offering it. In testimony to Parliament, the veteran Mark Meincke described a Veterans Affairs caseworker telling a veteran who had come asking for help that assisted death was "better than blowing your brains out against the wall." The department later confirmed one of its caseworkers had raised assisted death with multiple veterans and referred the matter to the RCMP, Canada's federal police. When the state that will not fund your care volunteers your death instead, that is not autonomy but the cheapest door held open while the others are shut.

Even the socialist left says the word

Jacobin, a socialist magazine, ran the headline "The Canadian State Is Euthanizing Its Poor and Disabled" and framed the program as a cheaper replacement for the care the state refused to fund. Disability advocates and United Nations experts have said the same. On the other end, Italy and Chile just led dozens of governments at the United Nations in demanding a global moratorium on surrogacy, joined by feminists and the Vatican alike. When the Catholic right and the Marxist left independently arrive at "the state is selecting against its weakest citizens," the description is doing work no ideology can wave off.

MORE:  Trump bans MSNBC, CNN, and Politico from White House, citing 'fiction and lies'

Americans should not read this as a foreign curiosity. Commercial surrogacy is legal and booming across the United States, sold to the same buyers. Assisted-death laws are spreading here too, state by state. They run on the same words of dignity and autonomy Canada used, back before one in twenty of its own deaths came at the hands of the state. The fight over what a human being is worth is not happening somewhere else. Canada is just further down the road.

The best defense of surrogacy proves the case against it

Arthur Caplan, who runs medical ethics at NYU and is surrogacy's most prominent defender, rests the whole practice on what he calls "the right to have a genetically related child," and argues that keeping the door open "doesn't require a total ban." A right to a child that comes with a written option to abort the wrong one is not a right to a child at all. What the contract makes it is a right to a product, with article 8.5(a) as the return slip. Caplan himself calls American surrogacy "a moral tower of Babel" and fills his own essay with the scandals it breeds. His defense is the indictment.

The defenders of assisted death make the same move with the word "dignity." But dignity is exactly what a contract that grades a baby by his defects, and a state that offers a disabled veteran death instead of care, take away. The word is the anesthetic, not the argument.

A country reveals what it believes about human beings at the two moments a person cannot argue back, the beginning and the end. Canada now lets the strong order the unborn to specification and offers the weak an exit when they cost too much. What sits in between is a version of humanity you would not recognize, one where being a person is a status the powerful grant and revoke at will. Only a few still act as though the old rules are true. One of them is a corrections officer in Ontario, who read a contract demanding a dead child and decided she would rather be sued than obey it.

" A free people [claim] their rights, as derived from the laws of nature."
Thomas Jefferson