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Egg Donation

Can There Really Be Justice In The SurroGenesis Scandal?

Let me warn you from the outset, this post will be different than most. It will be more of a rambling, stream of consciousness vent on my part than any update on the law that many of you have come to expect from this blog.

So I have to concede that I have been struggling with mixed emotions over the news regarding Tonya Collins indictment. Undeniably it is good news. Equally indisputable is that the 30 felony counts appropriately reflects the severity of her conduct and any resulting sentence, if convicted, will see Ms. Collins serve a long and well-deserved jail sentence.

For the victims, I am happy as Collins will be held to account for her indefensible actions. But I cannot help but feel in some respects this is a Pyrrhic victory. Yes, Tonya Collins will be punished for her conduct. Quite possibly there will be some ability to recover a small portion of the funds that were embezzled by way of a victims’ restitution award.

But how many of these victims have forever lost their chance to have a baby? Over the years, I have been fortunate to get to know many of these SurroGenesis victims on a personal level. Several I am honored to count as friends. And while Collins’ arrest and indictment was long sought-after, it can not change the inescapable fact that many of her victims have been forever deprived of the ability to become parents. Tonya Collins did more than just embezzle $3,000,000 dollars. She robbed these individuals and couples of their dreams of having a family.

In my first year of law school, during one of my first criminal law classes, my professor asked: What are the theories of punishment in the criminal justice system? They were simple enough for us to rattle off in response: deterrence, incapacitation, retribution, restitution and rehabilitation. And, as students, we would debate for hours in our academic ivory tower the advantages and disadvantages of each. But at the end of the day, they speak to punishment. Not justice. Yet that critical distinction really has only sunk in over the past few days.

I guess it took 27 years for me after that class to realize that the objective in our criminal system is not necessarily to find justice. Which brings me back to where this rambling blog post began. I feel for my friends who will never have a chance to hold their baby or experience the unadulterated joy that a child can bring to their lives. Tonya Collins did more than steal their money. She deprived them of their dreams and no number of felony counts or decades in jail can ever replace that.

Yes, Tonya Collins will be held to account. Defaults were already taken against Collins, SurroGenesis and Jack Kiserow in the civil class action lawsuit (though there were no assets available to recover). My former clients might ultimately recover a very small portion of their monies that were stolen. There will be a deterrent effect that will hopefully lead to fewer similar scandals going forward. Collins will likely spend a significant portion of her life in a federal penitentiary and those that she stole from can take solace in the fact that a severe punishment will be meted out.

But there will be no restorative justice. There simply is no way for our criminal justice system to right the wrong that has been perpetrated on these victims.

Following the scandal, colleagues of mine from every segment of the ART community came forward and generously donated their time and services to those victimized by Collins. Incredibly, several surrogates and egg donors also volunteered to help these victims on a purely altruistic basis. A few of the victims actually were able to see their dreams realized and have welcomed a baby into their lives.

But they are few and far between. Many of my former clients have had their life savings stolen from them with no realistic ability to replace those funds in order to start the surrogacy process anew. Others have been so affected and disheartened by what transpired that they lost the will and desire to try again – believing it their fate to be childless.

For these people, there will be no justice. So while I applaud law enforcement for never losing sight of the heinous nature of Collins’ crimes, our legal system is ultimately incapable of dispensing the justice that is truly warranted. And, for that, I cannot help but feel conflicted and saddened that more could not be done.

Discussion

4 comments for “Can There Really Be Justice In The SurroGenesis Scandal?”

  • Katie Castle

    Mr. Vorzimer,

    Thank you for putting into words what I have not been able to over these last few days as I have tried to explain my feelings to people regarding this. I was a surrogate for SurroGenesis in 2008/2009. Luckily the couple used a different escrow company so aside from my indurance not being paid and getting canceled we made it out without much harm. However this ordeal has affected me for a life time in a much different way. Through a special that was done I found a couple that had been greatly affected by Tonya’s wrongdoings. Today we celebrate their son’s life of two months. Being able to help a family that was so heartbroken by this has honestly been one of the greatest and most personally rewarding experiences of my life. I know that not all situations have turned out this well and I am heartbroken for those families. I hope more people read this and consider reaching out to them and helping if at all possible. Bringing life into this world is a truly amazing experience that you just can’t explain. Thank you for all the hard work you have put in to helping these families. I know my new “family” appreciates you so much!

  • Katie Castle

    Mr. Vorzimer,

    Thank you for putting into words what I have not been able to over these last few days as I have tried to explain my feelings to people regarding this. I was a surrogate for SurroGenesis in 2008/2009. Luckily the couple used a different escrow company so aside from my insurance not being paid and getting canceled we made it out without much harm. However this ordeal has affected me for a life time in a much different way. Through a special that was done I found a couple that had been greatly affected by Tonya’s wrongdoings. Today we celebrate their son’s life of two months. Being able to help a family that was so heartbroken by this has honestly been one of the greatest and most personally rewarding experiences of my life. I know that not all situations have turned out this well and I am heartbroken for those families. I hope more people read this and consider reaching out to them and helping if at all possible. Bringing life into this world is a truly amazing experience that you just can’t explain. Thank you for all the hard work you have put in to helping these families. I know my new “family” appreciates you so much!

  • Chauncey

    Lots of money, overwhelming desire for a child, vulnerability, and greed are a toxic combination. A fertility clinic in Dallas, Texas will be the next place we are reading about. Something very sinister is going on with Dr Walid Saleh and SIRM of Dallas. They are playing games with people: telling them at first that they or their donors produced several good quality embryos and then saying, “oh, they are all gone…” Sorry. There is more to the story, but I am not sure how i will proceed with this. Dr. Saleh appears very caring and concerned, but he is a fraud. They post glowing comments about themselves all over the internet. Beware!

  • Andy: Reading previous posts about
    the Surrogenesis scandal, I noted
    that Liz Silverman-Platt of Baby Steps organized a charity auction
    in 2009 to help the agency’s
    victims. That was a lovely gesture on her part. Along with theater tickets and other prizes, there was a listed donation of a free egg donor or surrogacy agreement from Theresa Erickson. This was the fox offering to guard the hen-house! But who could have known? As a former infertility
    patient myself, mom via surrogacy and agency owner in Chicago, I know
    firsthand that prospective parents through surrogacy are an extremely
    vulnerable population. And with
    surrogacy practitioners virtually on every street corner and on-line, couples can be ripped
    off – big time. If you know of a couple in or near Chicago who was caught up in the Surrogenesis scandal and they still need help finding a surrogate, they can call me at 847 782-0224. I will donate
    services to them and help as best I can.

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