The Theresa Erickson Scandal from the Point of View of a Surrogacy Participant

News broke yesterday that Theresa Erickson, prominent reproductive lawyer, pleaded guilty to being part of a baby-selling ring. She sent women overseas to undergo IVF with donor sperm and eggs and then once they were in the second trimester, she found parents for the babies, telling the parents that the original Intended Parents had backed out, charging them between $100,000-150,000 for the privilege of obtaining these babies. Apparently, she did this for years.

It is disgusting. Others in the IF blogosphere have written eloquently on the topic, especially since they had been recent guests on Erickson’s show: Keiko and Mel for example. However, I felt compelled to post on this topic since I am a parent thanks to gestational surrogacy.

While I have never met or been in contact with Theresa Erickson, her name as well as another lawyer charged in the ring, Hilary Neiman, are very familiar to me, especially around surrogacy issues. Surrogacy is like adoption in that it requires a lot of legal documents and processes to be followed. In NC, we needed a contract with our gestational carrier before we started IVF. Once we achieved a viable pregnancy, we needed a Pre-Birth Order (PBO) so that our names could go on the birth certificate from the beginning. Neither document guaranteed that we would go home with our baby, but based on our state’s nebulous laws, it gave us a place to start in case litigation was needed.

I cannot imagine what the couples who worked with Erickson to obtain these babies must be feeling now that the truth of their babies’ births has been revealed. How are they going to explain their origin to their children when they are old enough? When you go through infertility treatments and/or work with others to build your family, you rely on these experts to guide you and to keep you safe. You are putting your hopes and dreams in their hands. Theresa Erickson has violated this trust, this sacred relationship, and that is a horrible thing.

Theresa Erickson has also returned surrogacy and adoption to stereotypical Lifetime movie of the week status. Yes, we infertiles are so desperate that we will believe anything and be willing to buy a baby at any cost. And it hurts because she knows better. She was supposed to be our ally and help us legally obtain the families we desired but instead, she played upon our need and pain.

I am extremely thankful that all of the people we dealt with while trying to add to our family were beyond reproach from doctors to lawyers, but it saddens me, no it infuriates me that there are people like Erickson out there who succumb to greed and break laws, in the process hurting people and giving infertility a bad rap.

Theresa Erickson, you should be ashamed of yourself.

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6 comments

  1. Thank you for weighing in with this — I think it’s so important to get the average surrogacy stories out there to combat the outliers such as the Erickson situation. Surrogacy can be the best path for some families and it pains me that public perception will incorporate what they learn about Erickson.

  2. “Theresa Erickson has also returned surrogacy and adoption to stereotypical Lifetime movie of the week status.”

    Yes, the sensational becomes the perceived norm because of stories like this.

    I’m glad you put your non-sensational story out to counter that.

  3. Thank you for linking to my post and thank you even more for sharing your unique perspective. I will totally admit I know close to zero when it comes to surrogacy, so your post is incredibly helpful to hear the ways in which this could affect other potential surrogates and intended parents.

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