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The Dark Side of the Surrogacy Industry | Glenn Greenwald
Glenn Greenwald | Trusted Newsmaker
The Dark Side of Paid Surrogacy: Power, Money, and Legal Warfare
Surrogacy is often portrayed as a win-win arrangement: intended parents achieve their dream of having children, and surrogates receive compensation for helping create a family. Yet a recent investigation reveals how quickly this picture can collapse when tragedy strikes. At the center of the story is a wealthy venture capitalist who, after losing a baby at 32 weeks due to a placental abruption, turned her grief into a legal crusade against the surrogate she hired. What unfolded exposes not only the emotional volatility of surrogacy but also the staggering power imbalances baked into the industry .
A Tragic Stillbirth and a Lawsuit
In 2023, a surrogate—identified only as Rebecca Smith—carried the only viable male embryo for a woman named Cindy B. When complications arose and the baby was stillborn, Cindy did not treat the loss as a tragic accident. Instead, she launched a campaign of litigation, FBI reports, and accusations, even suggesting that her surrogate should be jailed for murder. By 2024, Cindy had already spent close to a million dollars in legal fees, a sum her surrogate—working as a bank manager—could never hope to match .
Economic Disparities Exposed
The case highlights a fundamental inequity in paid surrogacy. Cindy, with her eight-figure net worth, could weaponize the courts, while Smith struggled to afford representation. Both women were placed under a gag order, yet Cindy freely shared her perspective publicly, unconcerned about the costs of litigation. Smith, bound by financial and legal constraints, largely remained silent. The imbalance underscores how wealth can tilt justice, turning tragedy into persecution .
Contracts That Don’t Protect
Most surrogacy contracts stipulate that surrogates must follow medical advice. Smith maintains that she did. Cindy, however, claims otherwise, pointing to a speeding ticket the surrogate received after briefly leaving the hospital before the stillbirth. This small detail became the foundation of Cindy’s accusations that Smith acted recklessly. Such disputes illustrate how even ironclad contracts break down under stress, leaving surrogates vulnerable to accusations that may not hold up medically but can devastate their lives through costly litigation .
Lack of Regulation
Despite surrogacy being a $5 billion industry in the U.S., regulation is minimal. There are no uniform federal laws governing the practice. Instead, rules vary by state, creating loopholes and inconsistencies. Surrogates undergo rigorous vetting, but intended parents often face no background checks. This lack of oversight allows wealthy clients to conceal mental health conditions, histories of instability, or unreasonable demands, while surrogates shoulder most of the risks .
The Hidden Health Risks
Surrogacy is not only legally precarious—it is also medically risky. A recent survey of nearly a million pregnancies showed that surrogacy carries an almost 8% risk of serious complications such as preeclampsia or postpartum hemorrhage, compared to just 2.3% in natural pregnancies. Yet surrogates report that doctors often downplay these risks, leaving women to make life-altering decisions without full information. In some cases, intended parents push for multiple embryos, raising the danger further while offering only token additional compensation—often just $5,000 per extra fetus .
When Wealth Dictates Outcomes
The most disturbing aspect of this story is not simply the tragic loss of life but how money determines outcomes. Cindy’s wealth enabled her to redefine the narrative, frame her surrogate as negligent, and pursue endless litigation. Meanwhile, Smith’s motives for surrogacy—partly financial, partly altruistic—were weaponized against her. Even when both sides entered into a contract, the reality of economic disparity made true consent questionable. For the surrogate, this was not just about carrying a child but about surviving an ordeal that left her vulnerable, vilified, and legally battered .
This case shines a light on the dark side of the booming surrogacy industry. When contracts collapse and tragedy strikes, the law often sides with the wealthy. Without stronger regulation and protections for surrogates, more women risk being caught in the same web—where their bodies, their rights, and even their reputations become expendable in the face of money and power. Surrogacy can create families, but without reform, it can also destroy lives .
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