Surrogacy Agency Class Action Alleges False Promises and Delays

Case Overview: A class action lawsuit alleges that Newborn Advantage Surrogacy misled clients with false promises about finding surrogate mothers.

Consumers Affected: Individuals who used Newborn Advantage Surrogacy services and did not find a suitable surrogate within two weeks, as promised.

Court: U.S. District Court for the Northern District of Texas

A woman that tried to use a surrogacy agency to get pregnant is suing the company, saying it duped her with false advertising and then wouldn’t give her a refund after it couldn’t find her a suitable surrogate.

Plaintiff Yan Liu filed the class action lawsuit Aug. 6 against Newborn Advantage Surrogacy, its owner Mindy B. Berkson, and Santa Monica Fertility Center LLC, which acquired Newborn Advantage in late 2020, alleging violations of state and federal consumer laws.

According to the lawsuit, which was filed in a Texas federal court, the companies employed “deceptive practices” in their surrogacy matching services. 

Lawsuit Claims Surrogacy Agency Shattered Dreams With False Promises

Liu alleges that Newborn Advantage Surrogacy falsely marketed its services to prospective parents by promising quick and reliable matches with suitable surrogate mothers. 

According to the lawsuit, the agency assured clients that it could identify and match them with a suitable surrogate within just two weeks—a timeframe significantly shorter than that of other surrogacy agencies, which typically take up to eight months. 

These claims, however, were described in the lawsuit as "utterly false."

Delayed Matches and Unqualified Surrogates Cause Heartache

Liu, who began working with Newborn Advantage in February 2022, says that her experience was far from what was promised. 

After paying a $36,000 fee, Liu was initially presented with a surrogate candidate who later failed to pass medical and psychological clearance evaluations—a recurring issue with most of the surrogates proposed by the agency. 

The lawsuit alleges that Newborn Advantage misrepresented the likelihood of surrogates passing these evaluations, leading to significant delays and emotional distress for the clients.

Unrealistic Promises and Lengthy Delays Leave Families In Limbo

The lawsuit alleges that Newborn Advantage's claims of finding "the perfect candidate" within two weeks are misleading. 

While the agency may propose a candidate within this timeframe, the extensive process of medical clearance evaluations often takes several months, during which many candidates fail to qualify, Liu says.

She argues that Newborn Advantage's marketing exploits the desperation of would-be parents and that the agency's services fall short of the promised efficiency and reliability.

After 20 months of waiting for an approved surrogate through the company, Liu says she asked for a refund. She says it was denied.

As a result, Liu is suing on behalf of anyone in the United States who were paying clients of the defendants and who had not been matched with a suitable surrogate within 2 weeks of retaining the companies, and were not refunded in full. She is suing for violations of state deceptive trade practices laws, fraud, and violations of New York advertising laws, and is seeking class action certification, damages, fees, costs, and a jury trial.

Last month, a lawsuit was filed against Surrogacy Escrow Account Management, a Houston-based company, alleging the company stole millions of dollars from intended parents dedicated to paying off surrogate medical expenses.

Case Details

• Lawsuit: Liu v. M. Berkson LLC et al.
• Case Number: 3:24-cv-01999-K 
• Court: U.S. District Court for the Northern District of Texas

Plaintiffs' Attorneys

• C.K. Lee, Rony Guldmann (Lee Litigation Group)