For the first time, a court in Canada has awarded separate damages for surrogacy fees for future potential pregnancies.
Mikaela Wilhelmson was involved in a head-on collision that killed three other people and left her with significant permanent disabilities, including never being able to carry a child. Rather than lump this in with the other usual non-pecuniary categories of pain, suffering and loss of amenities, the court awarded an additional amount, for the costs associated with retaining a surrogate in the future. The court accepted cost estimates of retaining a surrogate in the United States of between $50,000 and $100,000. The court took the low end of the range, $50,000, but awarded $100,000 for surrogacy fees for two future pregnancies. See Wilhelmson v. Dumma 2017 BCSC 616.