Sep 27, 2026 · 31 min
America’s surrogacy system faces a legal reckoning
The Global Story: Why the world wants American surrogates
A cross-border custody dispute exposes how fragmented US law and birthright citizenship have made America a surrogacy destination—and a political target.
- 1US surrogacy operates without federal rules, leaving states to determine parentage, custody, and the recognition of conflicting orders.
- 2International clients turn to America because paid surrogacy is restricted across much of Europe and Asia, despite mounting ethical concerns.
- 3Ted Zhou’s dispute over his triplets shows how quickly a private arrangement can become an interstate, international, and political crisis.
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The custody battle intensifies after one of Ted Zhou’s triplets dies, with competing state orders determining who can claim legal authority over the surviving children.
The brief
Ted Zhou came to the United States seeking to become a father through surrogacy, but when his triplets arrived prematurely, visa delays and travel documents complicated everything.
The episode explains why America attracts international clients: paid surrogacy is permitted in some states, while much of Europe and Asia restricts or bans it.
With no federal surrogacy law, states can apply conflicting rules to parentage and custody. Zhou’s case became a test of which court’s order would control.
After one child died, surrogate Mikayla Simpson sought to end Zhou’s parental rights and adopt the surviving children, while Zhou relied on a California order naming him their legal parent.
The dispute drew in Florida’s attorney general and raised questions about birthright citizenship, foreign intended parents, and whether political pressure could threaten America’s role as a surrogacy hub.
Featuring
Jens Spahn
United States
EuropeListen to the full episode and explore every guest, topic, and moment on PodLume.