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When Surrogacy Goes Wrong
Mention the words “buying” or “building” a baby to anyone in the adoption or infertility communities and you are guaranteed to raise a few hackles. So I’m sure this story in yesterday’s New York Times is setting off quite the firestorm.
It’s a look into several different surrogacy arrangements gone bad, but the main part of the story centers around two couples from Michigan, the Kehoes of Grand Rapids and Laschell Baker of Ypislanti. Baker acted as a surrogate for the Kehoes, and then decided she was taking back the twins she bore when she discovered that Amy Kehoe had a mental illness. She and her husband already have four children.
I’ll cop to being a bit freaked out by the notion of surrogacy. There’s something that seems somewhat exploitative about a couple with means paying someone to be an incubator — not to mention that I don’t understand why someone would pay for an egg, sperm, and a womb, because adoption seems like a much lower-tech option if your child is not going to be genetically related or gestated by you anyway.
But what happened to the Kehoes should never, ever happen. The stupid laws in this state actually deem surrogacy to be “against public policy” and render any surrogacy contract unenforceable. So Baker was able to just waltz right in and take back the children she bore for the Kehoes, children she had only the slimmest of claims on.
On a personal note, I used IVF Michigan, the same chain of fertility clinics that worked with the Kehoes and Baker, and I was utterly unsurprised that they were involved here (and I will bet my cat that they were also involved in the embryo mixup that happened around here earlier this year). Without going into too much detail, it just felt like a baby mill and that they were far more interested in lining their pockets than actually helping anybody have a baby.
It’s a brave new world, and I think it’s time our laws reflect that. Laws to protect both surrogates and the intended parents have to be put in place, or more injustice like the Kehoe case will happen.
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17 Comments
Ali commented on Dec 14 09 at 6:51 pmI think Baker did the right thing. No way could I turn over children I nurtured in my body to a mentally ill person.
Laure68 commented on Dec 14 09 at 7:49 pmShe was being treated for a mental illness. I worry that this will encourage people to not seek treatment? My mother had a mental illness when I was growing up, but didn’t seek treatment until much later. I really wish she had.
Also, does this leave the door open for the egg/sperm donor to say the child should be theirs?
This is one of those instances where the technology moves faster than the laws/regulation./
Bekka commented on Dec 14 09 at 8:48 pmI think it seriously depends on what type of mental illness we’re talking about. Around 25% of all Americans suffer from some form of mental illness and almost 10% suffer from depression at some point in their lives. Are we saying that that entire block of people shouldn’t be permitted to have children? There are absolutely cases where some people with mental illness have taken actions that make it clear that they, personally, are not going to be safe raising a child – but to commenters who say that they’d never ‘hand over’ a child to someone with any form of mental illness, would you take children away from mothers with post-partum depression? How about Strollerderby’s own Dad Gone Mad? Blanket discrimination helps no one. Get educated:
Eric commented on Dec 14 09 at 9:45 pmWell it would certainly be a breach of contract, but slimmest of claims? 9 months of your womb plus childbirth, your genetic material, or a bunch of cash… who’s the one with the most invested here?
Lee commented on Dec 14 09 at 10:19 pm“During a hearing to transfer guardianship to the Kehoes, Scott Kehoe said his wife had paranoid schizophrenia. Ms. Kehoe’s psychiatrist listed the diagnosis as a “psychotic disorder not otherwise specified.” Ms. Kehoe takes an antipsychotic to control her symptoms.
Before her diagnosis in 2001, Ms. Kehoe told the judge, she had self-medicated, and that was the reason for her arrest on charges of cocaine use and driving under the influence.”This is a quote from the aforementioned NYTimes article. Obviously this was much more than a case of post-partum depression.
Bekka commented on Dec 14 09 at 10:58 pmLee, that’s totally fair – Thanks for bringing in the details of this case. However, the strollerderby article didn’t specify and several comments referred to mental illness as a monolithic concept, which was what I took particular issue with.
Jillian commented on Dec 14 09 at 11:02 pmMost likely Ms. Kehoe’s medication precludes her from carrying the pregnancy herself. Indeed, in order to have a successful pregnancy that does not jeopardize the health, safety, and very life of her child, she would have to go off the very medications that keep her symptom-free. Patients diagnosed with a psychosis NOS (not otherwise specified) — please note that this diagnosis generally relates to patients who have symptoms of schizophrenia, but their case is not considered severe enough to warrant such a diagnosis — are not inherently a danger to a child. If one is proactive about treatment, and is consistently medicated, the effects of the illness may be minimal.
Ms. Kehoe’s diagnosis would have kept her off most adoption lists. She is a UMich grad herself, and likely an intelligent woman. This intelligent woman, who has not experienced significant symptoms of her mental illness in 8 or 8 years, wants to have a child, but cannot bear one herself. There is a good chance she might not want to use one of her own eggs, either due to infertility or the (strong) chance that she might pass on her illness. I can see why an intelligent, caring woman who happens to be struggling with a mental illness might want to ensure a healthy child that possesses some of her finer characteristics.
Perhaps I defend her because I am an elementary school teacher diagnosed with the same mental illness — a chronic, undifferentiated psychosis. In all modesty, I was the “most requested” teacher among parents, am national board certified, and recently earned a full scholarship to graduate school. My illness has not affected my work, and no one — not my colleagues, my students, nor their parents — has any knowledge of my “condition.” Mental health patients suffer from tremendous stigma, granted, for some very good reasons. These illnesses pose tremendous challenges, and for many patients it is all they can do to care for themselves — if they can. That does not mean that ALL people with mental illness are unfit to be parents… and who is the surrogate to decide?
Mistress_Scorpio commented on Dec 14 09 at 11:20 pmA mental illness for which she was receiving steady and consistent treatment for eight years. She had no symptoms and her doctor vouched for her. But yeah, let’s all continue to stigmatize mental illness and declare her a scary loon for life.
mamazee commented on Dec 14 09 at 11:42 pmI agree with Eric – it’s def. not the “slimmest of claims” – and she wouldn’t be much of a surrogate if she didnt’ care at all where the children were going.
Bec commented on Dec 15 09 at 9:29 amActually, Baker had no genetic material invested, beyond the nutrients absorbed in pregnancy. The Kehoes picked egg and sperm donors separately from the surrogate. But hey, blanket condemnation of mental illness is fun, huh?
Knitty commented on Dec 15 09 at 9:31 amIf the mom-to-be had been under treatment for eight years, I don’t see “mental illness” as something that should be stigmatized. We don’t really want a return to the times when people didn’t seek help for mental problems because of the stigma society attached, do we? And plenty of people with mental illness self-medicate before getting the proper treatment. That doesn’t make her some out-of-control druggie just waiting to flip Norman Bates, for god’s sake.
RainySeason commented on Dec 15 09 at 10:56 amComments Wow, mental health stigma certainly is alive and well, even among people who likely pride themselves for their lack of prejudice! Think about it– anyone could quit their treatment and relapse–mothers with epilepsy could seize, diabetic mothers can go comatose, hypertensive mothers can get strokes, but no one goes around saying that a person with a physical illness is de facto a dangerous parent. It’s all about how a person functions and takes care of themselves, no matter what kind of health issue they have.
Steven & Michelle commented on Dec 15 09 at 12:28 pmMy wife and I are three months along her gestational surrogacy journey and it’s articles like this that bring mixed feelings. What has happened to the Kehoes is heartwrenching and unfair. At the same time, we are blessed to be working with IPs and a support group that are top shelf all the way. If the NY Times article depicts “When Surrogacy Goes Wrong”, I’m pleased to say that we are the living, breathing embodiment of “Surrogacy Done Right”. You can read about our story here: http://www.guestwomb.com
Eric commented on Dec 15 09 at 4:14 pmBec, I knew that, though I may not have communicated it clearly. My point was there was a sperm donor, and egg donor, and a ‘womb donor’ that would constitute a more sizeable investment than the lump of cash from the other folks. That’s all. I’m not trying to say that people who have mental illnesses shouldn’t be allowed to be parents or anything. The more people that have the knee-jerk reaction of taking kids from those who have admitted problems, the fewer who will seek treatment. The cocaine use, and driving under the influence are concerning; but it sounds like she’s got it under control now.
Jacquie commented on Dec 15 09 at 4:53 pmHaving a mental illness doesn’t make a woman unable to function as a mom, I have bipolar and am successfully raising four children without issue. I think the lack of responsibility the state is willing to take is horrible and shame on Baker for her actions, she should have done a bit more research beforehand if she was that concerned!
Ali commented on Dec 16 09 at 7:28 pmI think the surrogate was lied to and that is why she is taking the kids back. Paranoid Schizophrenia is dangerous. They were probably turned down for adoption and lied to the surrogate to get her to agree. Would you be a surrogate for a PS person? Sorry, the birth mother did the right thing. According to the law this was an adoption and the birth mother changed her mind.
moi commented on Dec 28 09 at 6:52 pmCommentsThere are facts that just came out in the news that Ms Kehoe has never suffered from paranoid schizophrenia per her doctor’s note. The mental illness that she has, is no threat to anyone or anybody.
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