| Pic from cnn.com. The scumbag Dominique Side at Vegan Fashion Week |
Arielle Mitton’s world turned upside down when she learned the $50,000 she borrowed to pay for surrogacy had disappeared from her escrow account.
“That was the hardest day for me,” she told CNN in a video chat. “I couldn’t eat. I couldn’t sleep.”
Her surrogate was 12 weeks pregnant, and in a cloud of emotional confusion, she remembers reporting the alleged fraud to at least 10 federal and state law enforcement agencies and calling her bank asking for loan forgiveness. But she says the answer was the same. No one could help her.
And the scumbags who did this:
Surrogacy Escrow Account Management LLC, or SEAM, and its owner, Dominique Side, systemically misappropriated millions of escrow dollars, allegedly using the funds to enrich herself and fund side businesses – including a clothing line and a career as a rap and R&B singer and producer.
Did you know? Surrogacy is illegal in China. That's why a lot of wealthy Chinese want surrogate mothers in the US (considered the highest quality surrogate marketplace)
In the US, surrogacy is illegal in Louisiana and Nebraska
In the US, you should be prepared to spend about $150-200k for a surrogate delivery (as the parent). In Mexico, it's about $80k.
If you're planning to be a surrogate mother or a parent planning to go that route, consider a well-written contract!
What if you want a kid through surrogacy?
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Matter of Baby M. (N.J. 1988)
— Traditional surrogate changed her mind after birth, triggering a highly public custody battle; the contract was voided.
Lesson: Choose jurisdictions and arrangements where surrogacy contracts are clearly enforceable, and favor gestational over traditional surrogacy. -
Johnson v. Calvert (Cal. 1993)
— Gestational carrier claimed motherhood, forcing litigation over who the legal mother was despite a prior agreement.
Lesson: Establish clear legal parentage upfront through well-drafted contracts and pre-birth parentage orders where available. -
In re Marriage of Moschetta (Cal. Ct. App. 1994)
— In a traditional surrogacy arrangement, the surrogate was treated as the natural mother.
Lesson: Use gestational surrogacy (no genetic link to surrogate) to significantly reduce custody and parentage risks. -
In re Marriage of Buzzanca (Cal. Ct. App. 1998)
— With donor egg, donor sperm, and a surrogate, a court initially ruled the child had no legal parents.
Lesson: Secure legal parentage early and explicitly when using donor gametes and surrogacy combinations. -
P.M. v. T.B. (Iowa 2018)
— A twin pregnancy, death of one twin, and dispute over custody led to litigation over enforceability and parental rights.
Lesson: Include detailed contingencies in contracts for medical complications, multiple births, and unexpected outcomes. -
Mennesson v. France (ECHR 2014)
— France refused to recognize parentage from a lawful U.S. surrogacy, leaving children in legal limbo.
Lesson: Verify that your home country will recognize the surrogacy arrangement and resulting parentage before proceeding internationally. -
Paradiso and Campanelli v. Italy (ECHR Grand Chamber 2017)
— Child born via surrogacy abroad was removed by authorities due to lack of genetic link and legal recognition.
Lesson: Ensure at least one intended parent has a recognized legal or genetic link and that all documentation aligns with local laws.
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