The Journey, Episode 3: The Industry

Hi, it's Madeline. Before we start this episode, I want to remind you that New Yorker subscribers can listen to all five episodes of the journey right now. The full series, ad-free, no-waiting, right here in Apple Podcasts. To subscribe and get a seven-day free trial, just tap the link at the top of the in-the-dark feed. Previously, on the journey, he was chasing her. Yeah, and that's the one time that we called the cops because she was screaming. And then he pulled out a gun, and I mean, it was kind of like a standoff, the sheriff's game. Our clients are actually very feisty, so he actually got into physical fights with those workers. It seems that Gordon was using money to control Sylvia. That company was very much going by the time we got there, but like hidden in the house. Very much hidden in the house. What are the thoughts going through your head in terms of what's going to happen to Baby Girl? This was a lot, it was a whole lot. I wanted to be safe, I wanted her to be safe. These were pictures like of Sylvia and the same exact outfit, the same leather jacket, like the same outfit to the tee. I mean, you just can't say, like, oh no, that's not me. Like it is you, you know what I mean? She's like, look at this, she's all, can you imagine, I go, I, what do you mean, can I imagine? We had the baby for her. When I die, like, that's what I want to be remembered as, like, oh, you know, Olympia had a kid for somebody. She changed this couple's life. That's just always been my thing. Olympia Belmonte had wanted to change someone's life for a long time. But it wasn't until she was in her 30s, with three kids of her own that she was able to act on this desire. I was like, I'm not getting any younger and I was like, let's just do it. I was ready. I met up with Olympia in a part by her house. As her kids played nearby, she told me how she found a surrogate agency, just outside L.A. County, and signed up to be a gestational carrier. The agency required her to share a lot of personal information, photos, employment history, medical records from previous pregnancies. But she wasn't told much about who she'd be carrying for. She wasn't even sent a profile. All she knew was that the intended mother was also in her 30s and didn't have any kids. As the date of the embryo transfer approached, Olympia got a last minute call from the agency. The IP was wondering if she was willing to carry twins. And I was like, huh, I don't know. First of all, if she wanted twins, she should have said that from the beginning. That's how I feel. Don't ask me literally on a Friday afternoon when you know that my transfer is Monday. This was a big ask. Twin pregnancies are considered riskier. It was kind of like being cornered. If I corner her here, she's going to say yes. The chances of me saying yes are a lot higher than me saying no. Olympia wanted so badly to make the intended mom happy. And then I started thinking, man, like poor thing, she probably doesn't have kids and she wants to already. She's probably trying to secure two kids because she doesn't want to have an only child. All these things went through my mind and I was like, all right, I'll do it. Like I wanted to help somebody, I wanted to make a difference in someone's life. This is even a bigger difference like he, he, I didn't just give you one, I gave you two. The transfer was a success. But as the twins kept growing, Olympia rarely heard from the intended mom. My family would ask me, "Hey, Mia, so do you talk to her? Does she check in with you?" And I was like, "Uh, occasionally, like, you know, it's here and there." With just 31 weeks, Olympia went into labor. She messaged the mother frantically. I said, "We're waiting for you, Sylvia." Sylvia, as in Sylvia Zhang. That was the supposedly childless woman who'd hired Olympia to carry twins. I don't know, I was so stupid, I was like, she probably wants to see them come out, you know, thinking like, like a mother, I was like, she wants to be there. So I told my husband, "You can't go in with me, I wanted her to be a part of it." Sylvia had come to the hospital earlier that day, but when doctors suggested the birth wasn't imminent, she left. She returned in time for the C-section, clad in her leather jacket. Olympia felt some wrestling around, as doctors pulled out a tiny boy and a tiny girl. I remember, you know, they have like this huge sheet in front of you and I remember hearing the baby crying. Two discordant whales. Sylvia stood by Olympia's bedside, stroking her hair and whispering into her ear. She kept telling me that she was super grateful, thank you so much, I'm forever grateful and she kept kissing me on my forehead and I was just, I was crying. I know for a fact that tears were just coming out of my eyes. I thought it was like a really beautiful thing. The twins were two months premature, so they were rushed to the NICU. Olympia tried to look at their faces. She knew she wouldn't get to see the babies again, so she asked a nurse if she could say goodbye. Not that I want to hold them, it's just kind of like a closure thing and one nurse said, "I will take you," and she was like, "but with the conditions of like no phones, you're not holding them." And it's like a quick thing because I can get in trouble and I was like, "Okay." And she took me in there, I just got to see them in their little incubator. The boy was wrapped in a blue blanket, the girl in a pink one. I was like, "Oh my, these two are going to be so loved because they didn't come easy, you know?" I was just like, "For sure, these two, they're going to be somebody one day and I brought them into this world and that's like the best feeling ever." For Olympia was discharged from the hospital. She figured she'd hear from Sylvia soon, but that evening, when her phone rang, it was the nurses. They call me and they're like, "Hey, so this is our first time dealing with a surrogate see. How does it work?" 'Cause mom's already gone. After the birth, Sylvia had left, and even though she lived 40 minutes from the hospital, she hadn't come back. This was unusual. A baby in the NICU is in a fragile state. So most of the time, the child's guardians will stay close by, in case anything happens, and for all the decisions that need to be made about the child's care. They needed to know, "Can we do this, can we do that, can we give them formula, can are you do you have breast milk that you're providing?" All of that, they can't just go and give your baby formula without your permission. Sylvia wasn't even answering her phone. The nurses didn't know what to do. They kept calling me to see who was going to go, like, who was responsible for the babies. Who was responsible for the babies? From in the dark in the New Yorker, I'm Eva Kaufman, and this is the journey. Episode 3 - The Industry Some parts of Olympia's story about caring for Sylvia were similar to other stories I'd heard. But one of the major differences was that Olympia hadn't gone through the couple's own agency. She wasn't a Mark Surrogate. In fact, years before the couple opened Mark's Surrogacy, they began accumulating children using another agency, a professional, well-established one. That agency was called "Baby Tree." Here at Baby Tree, we have an experienced staff comprised of women and men who have first-hand knowledge and experience with all the steps and procedures for a successful journey. Baby Tree is one of hundreds of circus agencies in the U.S., and it is, in many ways, typical. It's located in Southern California, one of the world's capitals of the fertility industry. Its surrogates seem to be paid around the industry average, between 50 and $70,000, while intended parents might expect to pay Baby Tree three times as much. A lot of its intended parents are from China. This is typical too. Surrogacy is banned in China. A recent study of U.S. surrogacies found that between 2014 and 2020, more than 40 percent of all intended parents from overseas were from China. Recently, American surrogacy agencies have reported an uptick and Uber-Welfie Chinese clients, seeking multiple children. It's not clear how Sylvia and Guo Jun first heard about Baby Tree, but between them, they ended up hiring at least four surrogates through the agency, and attempted to hire even more. And all this seems to have been Guo Jun's idea. He approached the agency first, in 2018, back when he was still living in Roland Heights, and possibly before he became involved with Sylvia. In fact, the profile he submitted to Baby Tree, which stated that he was childless, featured a photo of him smiling next to his then wife. F. Utan Lee. Baby Tree match Guo Jun with a woman who, as far as I can tell, was Guo Jun's very first surrogate. That's Amber Applegarth. I visited her one afternoon at her home north of LA County. Her toddler sat on her lap. Amber had been a surrogate once before, and was still in touch with that family. But this journey was disappointing. Here in introductory zoom, Guo Jun became distant, her to reach. I was under the impression that he lived in China and was never out here. Like, I never knew that man was living in the States at all. In the summer of 2019, Amber gave birth to a son for Guo Jun. But neither he nor his wife showed up at the hospital. Instead, a woman who identified herself as Guo Jun's assistant collected the baby. She showed up the next day, and they brought the baby in to see me for a little bit. She mentioned to me, "Oh, they want you to name the baby," and his American name. So I'm like, "This is weird. Why would you want me to name your baby?" Later, when Amber saw the mug shots online, she realized that the woman who'd been describing herself as Guo Jun's assistant was Silvia. She, meanwhile, had set up her own profile at Baby Tree, separate from Guo Jun's. She described herself as a single woman, without any kids, hoping to start a family. She said she was using donors for the egg and the sperm, but I've since learned the donor's sperm was Guo Jun's. It was through Silvia's profile that the couple hired their next surrogate, Crystal Calderon. It was her first journey, so she didn't find it odd that she never met Silvia, not even at the birth. She had a boy in January 2022. The next surrogate Silvia hired through Baby Tree agreed to meet on the condition that I didn't use her name or record her. Eight months after Crystal, she had a son for Silvia. Again, Silvia didn't show up to the hospital until after the birth. And then, there was Olympia. The surrogate who delivered the premature twins in October 2022. The twins that Silvia had rarely visited in the hospital. And I kept thinking like, "Okay, you're paying all this money for you to have these kids. Where are you?" These Baby Tree surrogates had given birth years before the marks surrogates I talked to. By the time I tracked down Amber, Crystal, and Olympia, the kids they'd carried were three, four, even six years old. They were now in foster care, along with their siblings. But before that, they'd been living for years in the Arcadia mansion, where the surveillance footage had shown toddlers being spanked, hidden the face, forced to hold squats. Olympia couldn't help but blame herself. I do feel bad. I do feel bad because I'm like, these kids, they didn't ask. They're so innocent to all of this, and were they being abused? That's something that I would have to live with for the rest of my life. How do you carry that? You know, here I am thinking like, "Oh my God, yes. Now whether I like it or not, yes, I changed somebody's life." But it wasn't all for good, you know, and that's gonna follow me forever. But Olympia and other surrogates also started to wonder who exactly was a fault. It's not like they would have agreed to this match, had they known more about the couple. Sylvia and Guadrune had misled them about their marital status and how many children they already had. And what about baby tree? What was the agency's responsibility here? My husband, he did ask me numerous times, he was like, "Doesn't the agency like do a thorough investigation?" Because he felt that they were very intense with us. "Oh, go do this, go get this time. Why are you investigating us so deeply?" And he's like, "What did they do with them?" You know, and then he told me, he was like, "Is it because they have money?" Did the agency know about it and just allowed it? And they just were fraudulent and just knew this was gonna be the case. Like, were they completely innocent in it? Am I, you know, are we all innocent in this?" You know, I mean, I trusted them, you know, I would think that they would have been more, I guess, tedious about who they were assisting with having children for. And again, everybody always goes back to the same thing. We had, how is it that the agency didn't know? Everybody always asked me that. One evening this January, I drove with our producer, Natalie, out to the high desert, northeast of L.A., to knock on the door of someone who knew a lot about baby tree. Hi. Hi. Rebecca? Yes. I'm Ava. Her name is Rebecca Hernandez. She had worked at the agency for years and we'd heard something promising about her. "I am no longer with baby tree. I know. I am no longer with baby tree." Recently, she quit. Rebecca stood at her door wearing a wrap sweater and leopard print lounge pants. She has straight dark hair, a little emerald nose ring, long nails sharpened like switch blades and decorated with rhinestones. As we started to chat, it seemed like she'd been waiting for someone to ask her about baby tree for a long time. I was with baby tree for seven years and from what I know, I felt like something was off. At some point, when she started at baby tree in 2018, she had no experience in the fertility industry. Her previous job was at Red Lobster, but she discovered she loved helping women navigate their journeys. Rebecca said, "Baby tree had a reputation for spoiling its surrogates. It was part of her job to mail the women gift baskets, tailored to each trimester, treat them to a daispa, talk through their hormonal swings, and host a monthly support group." "And, you know, we're talking about vaginal supositories and periods and, you know, something that kids and partners don't really want to hear. You want our surrogates to be able to feel like they can talk about that stuff." In spite of these niceties, Rebecca told us that baby trees founder and CEO, Patrick U, seemed to be trying to push through as many matches as possible. Sometimes, she noticed, Patrick would withhold or obscure details that would have otherwise disqualified a match. Or when surrogates failed health or psych screenings, he'd find doctors who'd pass them. And Patrick kept finding matches for one wealthy parent, who made Rebecca especially uneasy. "Me and my co-worker, we named her the surrogate pimp because I didn't feel good about ladies being with her." The surrogate pimp was, of course, Sylvia. "I felt like there was something off just because when he first told me that she wanted to have a lot of surrogates at one time and at that time she was just a single mother." And then, at some point, even though Sylvia was representing herself as single, it became clear there was someone else, hovering behind the scenes. "So then all of a sudden she had a partner and it was a male but an older male and I thought that was kind of weird, but I figured I kind of what was explained to me is kind of like a business partner, possibly type thing. Thought maybe she was doing that to help ladies feel more comfortable and move forward with her." Sylvia told the agency she was using donated eggs and sperm, though Rebecca didn't realize at the time that the sperm was gojins. "I was part of my red flag to where it's like, you want a lot of babies that are not even yours?" "Genetically." Rebecca heard that Sylvia wanted 12 kids. "How did you know she wanted 12 kids, if that was more than like, how did that happen?" "My Patrick was like, this IP, she wants 12, 12 was the number." "I want to say it was 12 to 15, something like that." And I was like, any other families that stuck in your mind with that high of an amount? "No." Rebecca and other employees raised concerns about Sylvia's ambitious goal with Patrick. But he brushed those aside. "He's like, no, no, he's like in China, that is something that is like a shows, it's like a wealth status, like, wow, you must be wealthy because you have a lot of kids. I don't know, I just felt something was off." "And I didn't have any, like, concrete proof, you know, until the twins." The twins. These were the babies that Olympia had carried, who'd ended up in the NICU, needing round the clock care. It turned out, Olympia wasn't the only person getting calls from the nurses. "The hospital kept calling us, someone's like, where is the antenna parents, where is the antenna parents? Hey, have they reached out yet? They're still calling, they're still calling, they're still calling this, you know, the hospital is starting to worry, and the nurses were like, okay, what's going on? A week has gone by, they've still not come to see the twins, but then when they finally did come, after a week had gone by, the nurses call this again, very concerns like, There's no connection there. There's no connection there. It doesn't seem like, you know, it doesn't seem normal. It doesn't seem they just kind of came just to come. And the connection between the parents and the babies, the twins, like this is not normal. It's not okay. They're concerned about it. Rebecca was also concerned. She talked to her boss, Patrick, about it. The parents did eventually pick up the twins. But after that, the so-called surrogate pimp and her mysterious older partner stopped using baby tree. Rebecca assumed that was the last she'd ever hear of the couple. The surrogates I interviewed kept asking me. How would all this been allowed to happen? Wasn't it super illegal? But as I was reporting, I learned that neither baby tree nor marked surrogacy had broken the rules. Because in the surrogacy industry, there aren't many. Nothing that this couple did in the surrogacy world besides abuse allegations is illegal. That's Kelly Fell. She's a perinatal nurse and the executive director of a conservative nonprofit called the Center for Bioethics and Culture Network. Kelly found out about the marked surrogacy situation in May of 2025. After seeing a video on, you guessed it. I think she posted two on the TikTok or something. This was the viral TikTok posted by Kayla Elliott, the surrogate and corpus Christi. Kelly was the first person to amplify Kayla's story, and she was struck by how many loopholes the scandal exposed. Starting their own agency, not illegal, having 20 plus children via surrogacy, not illegal, not disclosing to surrogate mothers that you have multiple women pregnant, not illegal, it's all legal in the state of California. I could start a surrogacy agency tomorrow if I wanted to. Kelly doesn't want to. In fact, she's a vocal opponent of surrogacy. For her, what the couple had done was just more proof that the entire industry was beyond repair. The organization she runs has called for a surrogacy ban. This is a controversial view, but Kelly's specific point about the lack of regulation isn't. People within the surrogacy industry told me the same thing. There are no federal laws governing the practice. Each state has its own laws, and some don't have any. Only one state in New York even requires surrogacy agencies to be licensed. It was more onerous for Sylvia to get a real estate license than it was for her to open mark surrogacy. And since the parents are the customer, a symmetry structures the deal. Kelly pointed out that surrogates are far more likely to be extensively vetted than intended parents. We don't even do home studies on these intended parents. I mean, my husband and I tried to rescue an adult hug in the state of California. And the amount of home studies and visits people wanted to do for a dog. I mean, we don't have that in surrogacy at all. I do think that's very, I mean, I have also tried to adopt a puppy at one point in my life and you know, I was rejected. That's our producer Natalie chiming in. She's now the proud mother of two cats. Anyway, some agencies and fertility attorneys do require intended parents to undergo background checks and screenings. But we look through state laws and didn't find any that require IPs to disclose the number of children they have. Or for that matter, the number of surrogates. We would never build a welfare system, a child welfare system, the way that surrogacy is allowed to run. We would never build that. That doesn't exist in adoption. That doesn't exist anywhere else. To adopt, you typically work with a licensed agency and go through interviews and home studies. And even then, there's no guarantee of success. You might end up stuck on a wait list for years. That's actually one of the reasons people are drawn to surrogacy. The process is much faster. In adoption, no substantial amount of money is supposed to change hands between the parents and the birth mother. This is because of the fear that if money were part of the equation, people might sell their own children, or even start having children in order to sell them. But surrogacy almost always involves the financial exchange. So I thought it'd be even more regulated than adoption. Why isn't it? I think this question is fascinating. That's Naomi Khan, a law professor at the University of Virginia who's written extensively about custody and reproductive rights. Naomi told me that she's currently researching this exact topic, the history of surrogacy laws, and why they've evolved so differently from the ones that govern adoption. I don't think there's going to be one answer. In adoption, the focus is on the best interests of the child. In surrogacy, the contracts that are entered into are for the intending parents. And the focus of the contract is producing a child for the intending parents. Adoption is oriented around protecting the best interests of a child who's already been conceived. Surrogacy, on the other hand, has been seen more like other kinds of fertility treatments. It's generally used by parents who aren't able to otherwise conceive, and so it's focused on the interests of those parents. Surrogacy has grown in popularity, as IVF technology has become more widespread. There are now thousands of surrogacies in the US each year. But unlike adoption, the practice is fairly new as an industry, so a lot of these arrangements still happen and formally. Whenever Natalie or I asked industry experts about the lack of oversight, they told us that in a journey done right, oversight is supposed to be built in along the way. There's the surrogacy agency, the fertility clinic, the lawyers who handle the contracts, and at each of these stages, anyone has the opportunity to say, hold on a second, something seems off here. We asked whether there were any rules to make sure things actually work this way and people kept steering us to seeds. I'm not sure if you're familiar with the organization's seeds. You know, seeds is kind of a new organization. Your very first step should be work with seeds affiliated professionals because we agreed to all of these standards. Seeds stands for the society for ethics in egg donation and surrogacy. It's a private group, but the closest thing that surrogacy agencies have to any sort of regulatory body. Seeds members pay yearly fees and agree to follow a set of standards. They're pretty detailed. The ones for surrogacy agencies are more than 20 pages and include things like requiring background checks for intended parents and limiting simultaneous surrogacies. Hi, how are you? I'm good. How about yourself? I'm good. Thanks for taking the time. Natalie talked to the group's president, Adrian Black. She's a four-time surrogate and also runs her own agency in Oregon. Because we do not have a lot of legislation in place related to surrogacy, the guidance has not always been as clear as we've seen in other industries and fields. That does mean that we are feeling it out as we go. There's one problem, though, with an approach that relies on feeling it out as you go. If somebody violates a standard, what are the sort of consequences of that? This is also a piece where seeds is really growing up because, again, that was not really what our intention was as an organization originally, and it is where we are heading. So we are still in that process of really identifying what are the consequences? Because frankly, we didn't have a lot of scenarios until the last few years where we had to address consequences. For now, those consequences? Ultimately, the teeth that we have are to remove, it's to remove membership. So if the worst case scenario happens, someone complains about an agency and they get kicked out of seeds, it's still not the same as shutting the agency down or removing its license or something like that. And I guess, do you ever wish that you had that power or wish that someone had that power? Is there a need for that kind of oversight? Are you asking me as an agency owner or me as the seeds president? Well, I guess I would be interested in your answer for in both capacities. Seeds president had. I think one of the challenges that we look at on an ongoing basis is just that we don't have the power to do more. We aren't here to regulate an entire industry. We are here to provide ethical expectations and to help professionals meet those ethical expectations. People who choose not to be part of that, they choose not to be part of it. Fair enough. It's worth noting that neither market surrogacy nor baby tree are seeds members. As for Adrienne's other hat, as the owner of a surrogacy agency, she worries that regulation could be costly and burdensome. Would it be good for the people we serve potentially? Would it put all of us out of business possibly? Lots of industries make these kinds of arguments when faced with a prospect of more rules. But Adrienne says it's more than just a matter of protecting the bottom line. Poorly designed regulation could make the work a lot harder. We're here because we love families. We want families to grow. And so if there's a better way to do it, I think a lot of us would be on board if not most of us. But that's not the case, and that's not what we see in most legislation, and that's not what we see when people come in and want to regulate or license. I encounter this a lot. The skepticism that people working outside the fertility industry could be trusted to get the policies right. Take the idea of background screenings for intended parents, which might seem at first glance like a simple thing to implement. People, you know, fertile heterosexual couples or singles get pregnant all the time. That's Debra Wald. She's a prominent family attorney based in San Francisco. You know, people kind of sex in the back of a car and end up with a child with no kind of checks of anything. Debra was one of several lawyers who pointed out to me that making evaluations and screenings mandatory might start to create double standards around who gets to be a parent. I mean, should every gay male couple who wants to be parents have to undergo criminal justice and mental health, you know, psychological evaluations before they're allowed to have children when the majority, vast majority of heterosexual couples don't have to do any of that. All kinds of people use surrogates, but the industry is well known as a lifeline for gay couples in particular. It's a sensitive balance between trying to make sure that this industry is being handled in a responsible way and also not just blatantly discriminating against people who either do the fertility issues or because within their intimate relationships, they don't have the right combination of gametes need reproductive assistance to become parents. So it's not simple. From my perspective, it's actually not simple. Walde says she fears that a situation like marked surrogacy might trigger the wrong kind of political reaction. I worry about knee jerk responses that take this as a common problem and solve it in ways that hurt a lot of families. Bad facts make for bad law. Natalie and I actually talk to a lot of fertility professionals who shared these anxieties about giving the federal government more power to weigh in on family making. This is Molly O'Brien, a fertility attorney and the former president of seeds. The United States is the safest, currently the safest place to do this legally and ethically. I'm really afraid that people who have no other way to have a family, this will be taken away from them. This is why Molly and many of her peers were hesitant to even talk with us about marked surrogacy. They told us they worried that drawing any attention to unflattering stories about the industry could be weaponized by surrogacy opponents and even lead to calls for an outright ban. The worst case scenario is this becomes illegal. You can't do it. And that would be devastating to a huge number of people. It's true that as a lot of people in the industry emphasized, most of these matches are happy matches, the result and happy families. Intended parents overjoyed at being gifted the miracle of a baby and surrogates whose lives were profoundly changed by the experience too. Many industry professionals insisted that the marked surrogacy scandal is not a sign of systemic problems. It's an exception. Here's Adrian Black, the seeds president. Those are bad people who exploited a system to get what they wanted. They lied. They were liar pants on fire, right? And yet, as the multi-billion dollar fertility industry has grown over the years, so too has the number of scandals, exploiting surrogates or parents or children. St. Augustine surrogate mothers fighting for full custody of the children she gave birth to and she says the intended parent never picked them up. Surrogate who refused to abort her baby despite requests from the biological parents gave birth. He need a plan to have as many as 50 children through a web of egg donors and surrogates. Now a woman convicted of running a Ponzi scheme and her surrogacy business has learned her fate in the case that we've been following for years. This wasn't as money that was stolen. It was the hope that it was the dream of building a family. It felt like every other week while I was reporting, I'd come across yet another example of wrongdoing. To me, it seemed the stakes of surrogacy were too high and there were too many parties involved to rely on everyone's good faith. Whether or not surrogacy should be regulated as strictly as adoption is a larger debate, but the status quo doesn't seem to be working either. And as things currently stand, there is no system in place to stop Guadjoon and Sylvia from recruiting even more surrogates and having even more children. Which I found out is exactly what they've been doing. After the situation with the twins, back in 2022, Rebecca Hernandez, the baby tree coordinator, stopped hearing much about Sylvia and Guadjoon. And they kind of disappeared for a while and I thought we were done with them. And did you know why or did he say why? He being her boss, baby tree's founder, Patrick Yu. I thought that we were just not dealing with them because he finally saw what I was feeling and then they came back. They came back. Sylvia and her older male partner returned to baby tree. Rebecca couldn't quite remember when it was either 2024 or early 2025, but it was definitely after they'd opened Mark's surrogacy and before they were arrest. And baby tree found Sylvia and Guadjoon yet another surrogate. Her name was Elizabeth and she soon became pregnant. Rebecca and I did the math. At the time we were talking, Elizabeth must have been in her third trimester. Like just the fact that there's a baby right now about to be born for them is just kind of kind of wild to me. Yeah. Yeah and I don't know. I don't know. What is she thinking? I can only imagine what her thoughts could be now that she's about to deliver. And does she know? I mean, none of us know what's going to happen with the baby right now. I mean, are they going to take the baby to foster care? I'd be freaking out. I guess I like couldn't understand why it's like I can't understand. It's like your real agency. You have all these clients. Why would you work with these parents again when it turned out so bad? Same question. My same question. I was very disappointed that when I found out we were still working and when I saw her name again, I was like, but why? I needed to put this question to Patrick Yu, the founder and CEO of Baby Tree. There was just one problem. At the tell and please record your message when you finished recording. Hi, Mr. Yu. My name is Eva Kaufman. I'm a journalist with a New Yorker. Patrick wasn't responding to my voice mails, emails, and texts. But just as we were wrapping up our reporting, he returned to call from our fact checker. Inwo Shu. They spoke in Mandarin for almost two hours. And the next evening, she patched me in for a follow-up conversation. I asked Patrick why? Why had the couple come back? And why, after what had happened with the twins, had his agency agreed to work with them again? Patrick told us the story from the beginning, switching between English and Mandarin. Yeah, I think it's very beginning to the midday once 20. 20. He said Guo Jun had originally come to him with the goal of creating 20 children. Patrick told us he understood the appeal of a big family. He was the father of six kids himself. But he said the idea of having that many children kind of gave him a headache. He said he didn't fully understand Guo Jun's motivations. But the project seemed to be about about establishing some sort of legacy. dynasty, bloodline. He told us, "Glojan had selected white Jewish women as his ag donors, and he wanted them to be highly educated, including at Harvard." Patrick confirmed that after the birth of Olympia's twins in 2022, he stopped working with a couple, but it wasn't because he ended the relationship. It was the couple who left him. "Yeah, after that, they just lose connection with me. I think they are done, they are finished, I didn't see enough for them. Now, when they come back again, they say, "Okay, better, I still want more baby." When Sylvia and Glojan returned and told Patrick they wanted more babies, he told me he tried to steer them to surrogates who might not seem desirable, like ones who were older or had had multiple C-sections, and he quoted the couple a higher price, hoping to dissuade them. "So, I gave her a very high price package. Yeah, I just don't want that her be just all too expensive. I will not worry with you, but she still agrees that price. I'm surprised also." I asked Patrick if this was because he'd harbored concerns about working with the parents. He said, "No, no, that wasn't it at all. Glojan was just too much of a handful to deal with. He was rude, demanding, jowdy, but when the parents agreed to his higher price, they'd all move forward." I asked Patrick, "What about all the red flags that have been raised about these intended parents?" In particular, what had happened with Olympia's twins in the NICU? His answer surprised me. "That's normal." "Yeah." "That's normal?" "That's normal?" "Yeah, similar." "Yeah." "You've gotten calls for other parents who've left their children in the NICU." "Oh, yeah, yeah, yeah. For me, I'm not surprised for that. I mean, that's the expectation. You think it happened. You should come every day, but in fact, no. Yeah, not every day." At several points in our conversation, Patrick emphasized that he routinely had surrogates complained to him about intended parents who didn't visit their children in the hospital. He rattled off other common complaints, too, about parents who didn't seem excited to pick the babies up or who didn't communicate much throughout the pregnancy. "Not only Chinese parents, American, white couple, I work with the white, black, yeah, the same. It's the same. The only focus on how much I pay, how can I get a baby? It's only care about the result. The result is the final." Many of his intended parents, he said, "Only cared about the destination, not the journey." So Sylvia and Ghodren's indifference hadn't really stuck out. He also wasn't too surprised when they came back. By the time the couple returned to baby tree, around late 2024 or early 2025, he had heard they'd open their own agency. But he figured they found it too hard to recruit their own surrogates. And so Patrick said he didn't realize how many more kids they'd had, in the course of just a few years. He elaborated the mandarin. He said, "My thought process was, as long as they could afford it, and a lawyer was overseen the process, I really didn't think too much about it." So he didn't, until the news broke in July about their arrest. And talking to Patrick, I discovered that baby tree was involved in a much deeper way than I'd previously understood. Another four. Since Sylvia and Ghodren had returned to baby tree, Patrick had matched them with four new surrogates. Patrick, you mentioned the four surrogates. Did those other surrogates all know that they were carrying for the same couple? No, they don't know that. So they just thought they were giving Sylvia her first kid at that point. Yes, yes. I asked if he had any qualms about these misrepresentations. I understand your question. Yeah, I understand your question. I know what you want to know. But, you know, for agencies, it's hard. Most agencies don't ask the parents too much question. They just picked an application as the reason it happens. I also asked about what I'd heard from former baby tree employees, that is agency cut corners to make matches. Patrick said his agency never altered medical records. But it did seek out more lenient clinics and doctors. Different clinics have different standards, he said. As far as what had happened with Sylvia and Ghodren, Patrick stressed that as soon as he heard the news about the arrest, he ended three of the four matches immediately, before any embryos had been transferred. And even though it meant losing money, he gave Sylvia and Ghodren a refund. For the fourth surrogate though, Patrick said it was already too late. But for Elizabeth, we have nothing to do. Yeah, because she's pregnant. This was Elizabeth, the pregnant baby tree surrogate that Rebecca and I had discussed. For Elizabeth, unfortunately, at that time she just transferred and blood work confirmed pregnancy. So I have no way to terminate. Then I just wait for, I wish Elizabeth can be scarred by herself. But the baby grew well and then after a bit confirmed. So we think the baby is stable. Then at that time, I will talk with Elizabeth, explain the situation. He'd been hoping Elizabeth would miscarry, he said, but she didn't. And so he'd arranged a meeting between Elizabeth and the intended parents. He said it went well. Sylvia showed Elizabeth pictures of her kids on her phone and said that everything that was happening was based on a misunderstanding. Patrick went on to say he really didn't have any other option, but to trust what the parents told him. He kept telling me this is just how the industry is. Okay, yeah, let me explain. Yeah, by understanding my experience, knowing agency or reject to work with them. Why is that? It's about profit. Yeah. It's about profit. Yeah. Yeah. And because, you know, we can see it's legal allowed. We didn't do nothing wrong. It's about profit. It's legal. It's allowed. Patrick said he'd done what any other agency would have. One day last December, I drove north through the San Gabriel Mountains out to the desert. In LA, it had been a warm jacket free day, but out here, the air had cooled, like it was already the middle of winter. The streets were decorated with Christmas lights and inflatable reindeer. I was looking for Elizabeth, the baby tree surrogate who was still carrying one of the couple's children, but I wasn't sure if I had the right address. I knocked on the door of a gray roundhouse in a quiet residential neighborhood. I'd a feeling I'd come to the right place when a woman opened the door, visibly pregnant beneath a fuzzy pink bathrobe. We spoke through a white grate, which she was using to keep her dog indoors. Beside me on her porch was a cardboard box with a blanket inside. She'd set it up as a little shelter she explained for the neighborhood's strays. Yes, Elizabeth said it was her first journey. She was in her third trimester, due in the new year. No, she said she didn't keep up with the news. In fact, she hadn't heard much about her intended parents until just a few months ago. That was when Patrick cut a range that meaning between her and Guo Jun and Sylvia. Elizabeth said that everyone had done a really good job of explaining things. She'd been reassured that it was all a big misunderstanding and that she'd still get paid. By now, I talked to 12 women who'd carried for these eyepiece, and I was struck by how at ease Elizabeth seemed about the whole situation. As we kept chatting, I started to wonder if maybe in that meeting, she hadn't been told the full extent of what was going on. I asked if she was aware that the couple had other children who'd been taken into foster care. No, she didn't remember hearing that. Yes, she assumed the baby boy she was carrying would go to the parents. No, she didn't have any questions for me. I wasn't sure how much more to reveal. I didn't want to cause any stress to her or to the baby, so I apologized for showing up out of the blue and said goodbye. Later, I would learn that Elizabeth had given birth to a baby boy, that Sylvia hadn't been allowed to pick him up at the hospital, and that the baby had immediately been placed into foster care. Coming up on the journey. We had a diaper bag. I had one of these, I had already gotten a breast pump. We had baby stuff at home ready to go. I had busted out one of the smaller car seats for an infant and put that in the car like we were prepared. This is a contract action, completely civil, just like did I pay you for your apples. This is the only scenario I can think of, right, frankly, where we were asked to intervene in a contract action. You will see this as a surrogacy case, but they're real children, very real children that are involved. That's her. That's Sylvia. Did you see? She's in the car right there. That's her in the white Tesla. No way. Oh my god, it is her holy crap. If you're a New Yorker subscriber, you can listen to the rest of the journey right now. And free, and Apple podcasts. To become a subscriber, tap the button at the top of the in the dark feed. For non-subscribers, new episodes will be released every Tuesday. The journey is written and produced by me, Ava Kaufman, Senior Producer, Natalie Jablonski, and Producer Raymond Tungucar. Samara Fremark is the Managing Producer for the series. It's edited by Allison McAdden, Additional Editing by Willing Davidson and Madeline Baron. Team and Original Music by Alex Weston, Additional Music by Allison Layton Brown. This episode was mixed by Corey Shrepple. Our art is by Vartica Sharma, Our Direction by Ava Michaelov and Ben Cozy. Fock Checking, Additional Reporting and Translation by Enemow Shoe. Our Summer Research Assistant is Ethan Conn, Legal Review by Fabio Bertone and Ben Murray. Our Managing Editor is Julie Rothschild, with additional support from Ciara or T's. Thanks also to Parker Jesco. The Editor of The New Yorker is David Remnick. If you have comments or story tips, please send them to the team at [email protected]. I make sure to follow in the dark wherever you get your podcasts. [Music]