by Rhiannon Down, The SunA COUPLE is suing the surrogate who carried their son after she refused to terminate the pregnancy because of a cleft lip and possible genetic conditions. The same-sex couple requested the surrogate undergo an abortion after testing showed the baby had a cleft lip, possibly a cleft palate and a minor heart defect. But the Ontario-based surrogate refused the request arguing that the defects could be rectified with surgery. Two years later, the couple filed a lawsuit in the Ontario Superior Court against the surrogate, the National Post reports. The parents alleged the woman failed to keep them informed about the health of the baby, put the child at risk, caused them emotional distress and violated their confidentiality.