That's horrifying but also legally interesting. Here in Canada the birth mother would have been the legal mother and she probably would have won a court case (

That's horrifying but also legally interesting. Here in Canada the birth mother would have been the legal mother and she probably would have won a court case (assuming she had good legal representation). Surrogacy conditions and clauses are unenforceable legally. I remember this very kind of scenario being mentioned when the law banning surrogacy contracts was debated. What if a woman who is having the baby grows attached to the child during the pregnancy? To rip a baby from the arms of the woman who literally gave birth to it to hand it to someone because they happen to have contributed some genetic material but who basically have no skin in the game is... well here we are.