A reproductive law attorney who pleaded guilty to fraud charges in San Diego federal court has been ordered to pay restitution to her victims. The criminal complaint against her alleged that the attorney defrauded a number of American couples by having them pay for children they thought they were adopting under legitimate surrogacy contract.

In reality, no such contracts existed. Instead, officials say the attorney and two accomplices recruited women to go to the Ukraine to become implanted with embryos. The “baby brokers,” as they have been called, defrauded at least a dozen couples of $150,000 each for the adoptions. Officials say the brokers paid their recruit mothers between $38,000 and $45,000 for each successful pregnancy, keeping the remainder of the money themselves.

California is considered the nation’s hub for surrogacy. The state has well-established fertility clinics, sperm banks and fertility programs. The attorney in this case capitalized on that and her reputation in the practice area to advance her scheme. Another factor of concern in the case is the fact that the prospective parents thought they were adopting babies from known sperm and egg donors. They were not.

The case highlights the need for more protection for everyone involved in the surrogacy process. Adoptive parents are often desperate, making them extremely vulnerable. The surrogates are also vulnerable in such contract cases, sacrificing their bodies and risking potential health complications. Most vulnerable perhaps, though, are the babies born under these arrangements, and their subsequent offspring, since their genetic heritage is unknown.

The adoptive parents who were duped by the attorney’s scheme will not lose parental rights because they were unaware any laws were being broken. Legislators are being hailed to create a bill that will protect vulnerable parties in surrogacy contracts.

Source: AP, The Washington Post, “Babies sold for $150,000 in Calif., raising questions about regulation of surrogates, Aug. 11, 2011