Losing a baby to a stillbirth is arguably the most heartbreaking outcome an expecting mother can experience.
But what would you do if that stillbirth kicked off a lengthy and protracted legal battle in which your most intimate details are spilled to the police, the courts, and social media?
That's the horrifying conundrum facing Rebecca Smith, a 34 year old would-be surrogate mother who says her stillbirth almost killed her. Despite almost paying for the unfortunate complication with her life, Smith's ordeal is far from over — because the unborn child was due to go to Cindy Bi, a Silicon Valley venture capitalist who had set aside $200,000 to ensure the pregnancy was a success.
Detailed reporting of the years-long saga by Wired digs into the tragedy facing both sides of the case. More than a simple pregnancy gone wrong, the ordeal is a vivid example of the troubling power dynamics involved in commercial surrogacy.
The whole thing began in 2023, with the wealthy Bi sizing up her stock: Smith, a 34 year old bank manager and former pro athlete from Virginia.
"Tall, healthy, young, good job," the tech financier told Wired. "I showed her off to my friends. The only thing I was concerned with was she’s a single mom, but I saw past it."
Smith — a pseudonym used by the tech publication — was soon carrying Bi's only male embryo, which she had frozen years earlier, the result of a $45,000 agreement between the two.
Everything seemed to be going well. The two women were in constant contact, a fact that came to haunt Smith when she learned Bi had been sharing her intimate details — sans identifying information — with various surrogacy groups on Facebook, in violation of the commercial surrogacy contracts.
Then, when Smith was admitted to the hospital in her 29th week of pregnancy, the mood began to sour. As the womb donor was poked and prodded by doctors, the venture capitalist blew up her phone with questions and suggestions, including another contract to sign.
Soon, Bi began posting accusations on Facebook that Smith had changed her insurance provider without notifying her first. If true, Smith had committed a serious breach of contract.
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