The Dark Side of Paid Surrogacy: A WIRED Reporter's Investigation

Case Study: A Lawsuit Over a Stillborn Child

• 💔 A venture capitalist, Cindy B, sued a surrogate, Rebecca Smith, after the surrogate experienced a placental abruption and the baby was stillborn at 32 weeks.
• ⚖️ Cindy B incurred nearly a million dollars in legal fees, accused Smith of fraud, contacted her employer and the FBI, and hoped to see Smith jailed for murder.
• 🚗 Cindy B's accusations stemmed from Smith receiving a speeding ticket and allegedly not disclosing a disagreement over bleeding after returning to the hospital, as well as an undisclosed boyfriend.

Motivations and Economic Disparities

• 💰 Cindy B, a venture capitalist with an 8-figure net worth, pursued surrogacy due to being 43 and taking medication for PTSD, having frozen her eggs a decade prior.
• 🏦 Rebecca Smith, a middle-class bank manager, sought to use surrogacy funds to pay off student loans and build an emergency fund.
• ❤️ Smith also stated a desire to help others experience parenthood, having already raised her son as a single mother.

The Booming, Unregulated Industry

• 📈 Paid surrogacy is a booming business in the United States, estimated to be a $5 billion industry.
• 🌐 There is very little federal regulation on surrogacy; most regulations are state-level and vary significantly, creating complex legal territory.
• 🧑‍⚖️ The case highlights how money and power can be leveraged through the legal system, particularly when one party lacks the financial resources to defend themselves.

Contractual Ambiguities and Health Risks

• 📜 Contracts in surrogacy often stipulate that the surrogate must follow medical advice, but disputes can arise over what constitutes medical advice or a violation thereof.
• ⚠️ Surrogacy, especially when involving IVF, carries significantly higher risks of serious health issues for the carrier compared to unassisted conception, with recent studies showing nearly 8% risk of conditions like preeclampsia.
• 🤰 The practice of implanting multiple embryos, or