A recent proxy scandal involving a Chinese couple and allegations of child abuse is shining a light on the lax regulations that allow anyone, even foreigners, to hire American women for surrogacy. Police have initiated an investigation related to Sylvia Chang, 38, and Guojun Shuan, 65, who were hospitalized in May due to head injuries after providing care for two months. As a result, the Los Angeles Department of Children and Families Services (DCFS) has taken custody of 21 children, many of whom were born through a firm named Mark Surrogacy.

This agency, operating with minimal legal oversight, recruits American women via social media to serve as surrogates for clients overseas. Kallie Fell, executive director of the Center for Bioethics & Culture Network, remarked that this situation underscores how regulatory gaps can lead to exploitation and raise alarm about potential human trafficking and the commercialization of women’s bodies and children. She argues that there’s an urgent need for stronger protections and clearer ethical guidelines in the surrogacy industry.

Currently, it’s still unclear how many children born in the home of the Southern California couple came through surrogacy. Some women who acted as surrogates have started sharing their experiences in a Facebook group dedicated to the topic.

Shared Experiences

Kayla Elliott, who served as an agent for Zhang and Shuan, mentioned being part of a group chat with five other women who had surrogated for the couple. She noted, “There was clear evidence that all these women had babies at around the same time.” Some births even occurred within weeks of each other.

Elliott is now trying to gain custody of the baby girl she delivered as a surrogate. “I’m reaching out for legal help regarding custody,” she expressed in a recent post on a crowdfunding platform, explaining that due to unforeseen circumstances, her surrogate baby is currently in foster care.

Several other surrogates are also interested in claiming custody of the children they carried, as indicated by a woman who has connections with Mark Surrogacy. Emma Waters, a policy analyst, highlighted how California’s laws favor intended parents, often sidestepping adequate legal scrutiny for child welfare. She pointed out that, intriguingly, the couple didn’t seem to break any laws during their surrogacy arrangements.

Records show that Mark Surrogacy has been inactive since June, and their website is no longer operational. Initially arrested for child endangerment, Zhang and Shuan were released shortly after their arrest, and the investigation remains ongoing.

Authorities are preparing to file applications for parents within a few weeks while focusing primarily on the child abuse claims. An unrelated email from Mark Surrogacy criticized recent media coverage as misleading, insisting they’re cooperating with the legal process but cannot comment further due to ongoing judicial matters.

According to DCFS, they cannot divulge details about specific cases due to child protection laws meant to shield the families involved. These regulations are designed to alleviate emotional stress during sensitive family issues.

Recruitment on Social Media

Fell mentioned that social media has become a prevalent means for recruiting egg donors and surrogate agents, with many requests coming from international clients. A post from a Facebook group highlights a couple from China looking for a California representative in 2022, offering significant compensation for surrogates.

Elliott recounts how she was contacted by Mark Surrogacy via direct message on Facebook, leading to her involvement with the agency. A study indicates that a third of U.S. surrogate pregnancies are for international parents, particularly from China, where surrogacy is not legal.

Data shows that the exact number of children born to foreigners through surrogacy is hard to pinpoint, but numerous embryo transfers have been attempted in recent years. When travel restrictions were in place due to COVID-19, some agencies hired nannies to care for the newborns until their parents could return.

Fell advocates for a ban on commercial surrogacy in the U.S., arguing that women’s bodies shouldn’t be commodified. She likened it to organ donation, emphasizing that children should not be treated as products for sale.