Monday, January 14, 2013

Jack Still Being Held Hostage in Arkansas

Because Jack was born via gestational surrogacy there was a lot of legal work involved. We had a contract and we had a post birth order. There is usually a pre-birth order but Jack decided to come before it was completed. The legal paperwork goes by Arkansas law. Arkansas law is very favorable to surrogacy, which is why the agency recommended that state.

Jack was born at Baptist Hospital in Little Rock. The attorney (Heather May, awesome) had all the paperwork done and the birth certificate was in my name right away.

I have his birth certificate but I did not yet receive his social security card.I need the social security card to get him on my medical insurance. I have called the hospital, Social Security, Arkansas vital records, medical records at the hospital, women's services at the hospital and every other office I can think of.  I finally had the attorney call and see what the problem is. It turns out the hospital did not apply him for it even though we did the paperwork for it. When I called they said they will not do that since it was a surrogacy. In order for me to do it myself I need the birth certificate (have it) and proof of identity. Proof of identity for a newborn is a medical record. However, they have everything in my GS's name. They refuse to change it to my last name despite all the legal paperwork.
I advised them that I would not be able to pay his bill if he is not on my insurance. His NICU bill should be around $1 million. The woman then said she would call me back.

The woman calls me back and said they are not worried about the bill because the applied him for SSI. He is automatically eligible for SSI because his birth weight was under 1200 grams. I asked her if she could please send or fax me a copy of that application and she said no. That is only something that can be seen by their social work department.

Obviously there must be a social security number if he is getting SSI. I do not know why I (his parent) would not be entitled to that information.

So currently my son is trapped down there in Little Rock and I can't transfer him  here.

I wish I could just go down there, walk into his room, open his isolette and walk out with him. Obviously that would not be in his best interest, but I am so frustrated with this situation.

My advice to any IPs (intended parents) using Arkansas would be to NOT use Baptist Medical. Also, where ever you are having your child find out about policies of this nature. My lawyer had never heard of anything like it but it is not normal for a surrogate to have a baby so early.

Make sure the hospital will put the baby in your name immediately. Our contract and birth order states that it will be that way but the hospital policy does not. They will not change his name on the records until he is discharged. You can probably have your lawyer call the hospital and find out the policy before the delivery so you are not stuck in a situation like this.

I really like the lawyer and she is trying her best to get this situation taken care of.


  1. How incredibly frustrating. You'd think laws and policies would be more progressive in this day and age.

  2. How awful! Can your GS request to see anything (like a SS#) since they are keeping the chart in her name?

  3. I can't believe that you are going through this on top of everything else you are dealing with. How awful! I hope your lawyer can get it situated quickly so Jack can get close to home!!