A Venture Capitalist Goes to Extremes to Punish Her Surrogate
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A venture capitalist, Bi, sues her surrogate after a pregnancy complication results in the death of the baby, sparking outrage and discussion about the ethics of surrogacy and the treatment of surrogates.
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The original article makes it clear: The product is fully controlled all the way to "The Island" [1]
And that is achieved not by direct legislation but by the lack of it. That lack is filled by contract law and an expensive, convoluted legal system which puts the surrogates in a precariously vulnerable position.
>> tuckerman: Very little [control], ultimately the healthcare the surrogate is receiving is _her_ healthcare.
That means, if something goes wrong the surrogates are stuck with med bills too, in addition to the legal ones.
[1] "The Island" 2005, recommended viewing, the movie might be available on big tube.
This is not true.
Our contract, which was extremely standard, made us assume all medical expenses related to the pregnancy, including any complications that could have occurred afterwards. If anything happened to her health insurance coverage we would have also had to pay for premiums for new coverage.
What you describe would be extremely atypical and I can’t imagine any lawyer representing a surrogate would allow that to stand. It’s also nearly universal for IPs to cover legal fees for the surrogate to have an independent representation.
California, as an example, has laws mandating that IPs and Surrogates have separate attorneys for the process. I think most supporters of surrogacy would approve of common sense laws like that everywhere but even without them it’s very standard.
Well, we're commenting on an article describing such a case and there's no study telling us that it's atypical.
> I can’t imagine any lawyer representing a surrogate would allow that to stand.
Well, I can and I'd rather nor leave it to the imagination.
I understand surrogate clients, but many of them don't seem to understand that taking a narrow, egoistical view and wanting all options available to them actually limits the pool of willing surrogates. One of the many cases where greed works against itself and needs correcting nudges from the law.
Very little, ultimately the healthcare the surrogate is receiving is _her_ healthcare.
> what are you supposed to do in the event a surrogate has irreparable harm
These things are spelled out in the contract that the IPs have with their surrogate. Both things you mention are specifically called in our contract and the agency/IPs usually have insurance to cover these cases.
Source: I had my son through surrogacy
I feel bad for this woman, she’s trapped in a manic prison by having enough wealth to turn everyone into enablers. I’ve seen active mania and how it affects decision making and the perception of reality in the people suffering under it. I’d much prefer a lack of guardrails nudging me towards treatment instead of wealth enabling me to engage in a public campaign of harassment.
Sometimes a lack of consequences is more debilitating than facing the consequences of your actions, if facing those consequences can set you on a better path, something I’ve learned from personal experience with chemical addiction. I used to do a lot of drugs, and so did Zappos founder Tony Hsieh. The main difference between him and I is that I eventually ran out of money and had people attempt to talk some sense into me instead of enabling me to death, something which I am very thankful for today.
> Bi’s husband focused on stabilizing the family, a move he credits with saving their marriage. He blamed the hospital, not Smith, but told me that the litigation is “her grieving process.” He tried to stay out of the legal stuff so that Bi couldn’t blame him too.
I honestly feel bad for the family, because I've heard many stories about this type of familial dynamic from children who grew up inside them...
I had someone save me. Not from my own behavior, but from the mental health collapse I suffered, after the bizarre and damaging choices of someone else completely undid me and my circumstances. My gratitude to the person who held onto me until I could start mending will never fade.
I am very glad you also had good people there for you. We all need those people.
> I feel bad for this woman
But it's a little difficult to feel sympathy for this lady. She is relentlessly destroying a vulnerable persons life, who already had her own grief and health repercussions to deal with. As her husband who openly disagrees with her puts it, as part of her "grieving" process.
I hope this situation ends with legal justice that reflects the realities.
Given Cindy Bi is on her way to becoming famous, it won't be as unidirectional from here.
This would be a hit TV show on par with Baby Reindeer, if it was ever televised.
> She also hired psychics to give her answers. As she tells it, they all blamed Smith. One suggested that an ex-boyfriend of Smith’s had turned her against Baby Leon. Another claimed to see traumas on Smith’s belly and said she was clearly having rough sex. He warned: “She has something to hide.” When Smith refused to release her medical records unless nonpregnancy information was redacted, Bi saw it as confirmation that Smith was hiding crucial details.
What in living fuck do psychics have to do with a surrogacy process?
Also, this:
> SAI countered that there was “no documented bleed” on the date in question but clarified that there was “some light pink fluid which the doctor was not concerned about.” SAI said Smith asked the doctors to tell Bi directly, and that the contract gave Smith two weeks to tell Bi. “That’s emergency information,” Bi said. “She should have told me right away.”
You're going to have a hard time convincing a court that an obstetrician noted, and was unconcerned about something but that you believe it was "emergency information".
> If Bi had been told, she believed that Leon would be alive. She would’ve insisted on a C-section immediately.
A layperson insisting on a C-section at what would have been ... 27-28 weeks gestation? Where viability is ~70% at best? There's so much to poke at there. Ostensibly, Bi had a contract with the surrogacy agency that "guaranteed" a "well baby". One, who writes that contract? And seems to me the mere act of "insisting" on a C-section (which let's also be clear, has a risk to the mother, though lower) at that gestation would be at odds with any "guarantees".
It's like mixing teams chat work culture with pregnancy. Just a giant bizarre wtf.
> [Bi's husband] blamed the hospital, not Smith, but told me that the litigation is “her grieving process.” He tried to stay out of the legal stuff so that Bi couldn’t blame him too.
How utterly fucking sociopathic do you have to be to sue (and not just sue, she's angling to try to have the surrogate charged with murder) as part of your grieving process. Fuck the single mom trying to help you, you don't care, as a multimillionaire VC.
Even her husband is scared, to the point he's on record as saying he doesn't want his wife blaming him for the surrogacy loss? There are a multitude of issues here.
> Next, Bi iMessaged a photo of Leon’s corpse to Smith’s 7-year-old son’s iPad.
Oh, this kind of fucking sociopath.
> Bi isn’t anti-surrogacy—in fact, she frequently advises other investors who are pursuing it and sends me links to startup after startup
Coming up next, the next unicorn, funded by this VC to help control every moment of your surrogate's life.
This is a really good read on this story: https://www.fridaythings.com/recent-posts/wired-surrogacy-ci...
> The couple hired a second surrogate to carry a fetus for them, this one a girl who’s now 11 months old. Bi characterized that pregnancy as easy and smooth to Nietfeld. In fact, the surrogate, Chelsea Sanabria, had gestational diabetes and both placenta previa and placenta accreta. During delivery, she hemorrhaged, losing 5.4 litres of blood. She needed an emergency hysterectomy to literally save her life. Imagine how little you have to care about another person to characterize that as ‘easy.’