What to know about the viral surrogacy lawsuit

National News

“Perhaps a kind friend could have suggested to Bi that there were other explanations. Instead, Bi had a set of legal adversaries and a supportive echo chamber,” the “Wired” story reads.

New reporting from Wired details the explosively acrimonious fallout of a deal gone horribly wrong, between a San Francisco venture capitalist and a single mother she engaged to be a pregnancy surrogate. 

The story, which has gone viral on social media, centers on an ambitious and exacting venture capitalist, Cindy Bi, and a woman referred to in the story as Rebecca Smith, a pseudonym to protect her privacy, who agreed to be a surrogate for Bi and her husband. 

While the two women initially had a warm relationship, it gradually turned tense, then detonated when Smith experienced a miscarriage. Bi sued Smith, accusing her of killing the child, and engaged in other aggressive behaviors that Bi described to Wired as attempts to achieve justice for the deceased infant, called Leon. 

The story details the uniquely tangled power dynamics involved with surrogacy; Bi claims that surrogates hold immense power over prospective parents, while Smith says the wealthier woman treated her as an “incubator,” then set out to ruin her life when she didn’t deliver as expected.

Below, read some key takeaways from Wired‘s reporting. 

Surrogacy is growing as an industry, and regulations aren’t keeping up

As Wired reports, the business of surrogacy is expected to grow “tenfold” over the next decade, with a particular level of interest among Silicon Valley investors. 

But, carrying a fetus not genetically related to you can significantly increase the risk of certain dangerous pregnancy conditions, the outlet reports. And, prospective parents are not required to tell intended surrogates about any medical conditions that could impact the pregnancy.

In the case of Bi, both her mother and sister became diabetic while pregnant, which she reportedly did not disclose to another woman who also served as a surrogate for her, and who developed gestational diabetes.

Bi and Smith initially had a positive relationship

Smith told Wired she signed up with a “well-regarded” surrogacy agency that she felt had strong safeguards in place for surrogates, including assurances that all her expenses associated with the pregnancy would be reimbursed.

But, tensions between the women grew as the pregnancy progressed. According to the story, Smith sometimes received dozens of texts a day from an increasingly anxious Bi, and realized that Bi was posting about her using identifying information on social media.

“Smith … didn’t confront Bi, perhaps calculating that it was better not to risk tainting their rapport. After all, the surrogacy relationship was unlike almost any other. Once you were pregnant, there was no going back,” the Wired story reads.

Bi blames Smith for miscarriage

Smith was hospitalized after her water broke at 29 weeks, and she eventually suffered a dangerous miscarriage. A doctor reportedly told her “these things just happen sometimes” and that there was no clear impetus for the miscarriage. 

Bi immediately began contacting attorneys, then a private investigator to look into Smith’s activities before the miscarriage, then the FBI, according to the story. She suspected that Smith had acted negligently, then became certain she had killed the fetus intentionally. 

“Perhaps a kind friend could have suggested to Bi that there were other explanations. Instead, Bi had a set of legal adversaries and a supportive echo chamber,” the Wired story reads.

Smith changed jobs and moved to avoid harassment from Bi

Smith moved multiple times and changed jobs after Bi began bashing her on social media, and even her family began fearing violence from online vigilantes, Wired reported. Bi allegedly called Smith’s new job and told them she had been fired and committed fraud. 

In June, Bi sued Smith and others she saw as responsible for the miscarriage, then appealed when a judge ruled against her.

“She kidnapped and killed my son,” Bi told Wired of Smith. 

Smith filed a restraining order against Bi, and is grappling with hundreds of thousands of dollars in medical bills she wasn’t expecting to have to pay.

“Imagine a journey being treated like a human incubator and not like a person,” she wrote on social media, Wired reported.

Read the full story here.