Embryo Culture by Beth Kohl

Beth Kohl, author of the new book "Embryo Culture," talks about abortion, faith and her personal struggle with the ethics of assisted reproduction.

By Jennifer Niesslein of Salon.com

Aug. 16, 2007 | After a year of trying to get pregnant in the time-tested manner (intercourse with mate, slow jams and cocktails optional), Beth Kohl discovered that, like 6.1 million of her fellow Americans, she was clinically infertile. So she and her husband, Gary, then 29 and 32 years old, respectively, embarked on a different, but increasingly common, baby-making journey -- one using assisted reproductive technology (ART) to conceive. But along with prenatal vitamins and baby-name books, Kohl found a mess of ethical questions. Why spend so much time and money conceiving bio-kids when many already-born babies could benefit from the same resources? How many embryos is it OK to transfer, given that later a mother might be faced with the decision to selectively reduce (read: abort) one or more of her fetuses? Are IVF kids the same -- healthwise, soulwise -- as naturally conceived children? What about the risk of pregnancy complications, premature birth, and the host of long-term problems that come along with them? Can "man-made" babies ever be reconciled with religious faith? And the biggie: What should would-be parents do with their leftover embryos?
Kohl, who grew up in a conservative Jewish household in suburban Milwaukee, tackled her ethical and reproductive journey with a typically Midwestern work ethic, digging for answers in sources ranging from the Bible to congressional testimonies about forced abortion in China. Now she chronicles her struggle, both with fertility and morality, in a new book, "Embryo Culture: Making Babies in the Twenty-First Century." The bones of "Embryo Culture" is Kohl's own story of two IVF-assisted pregnancies, but she beefs it up with an impressive amount of research on the technical matters and moral questions facing would-be parents, clinicians and the government.
While the subject is serious, her touch is light. Trying to find a metaphor for their infertility, her husband suggests "botanists in the Arctic Circle" -- and Kohl replies: "That is better. Not only does it suggest that my uterus is inhospitable to life, it also manages to hint of my frigidity." She's compassionate, but unsentimental (especially when you compare "Embryo Culture's" language to the banter in infertility chat rooms and blogs. Kohl reports that some women refer to their frozen embryos as "embies" and nickname the eight-cell clusters "Frosty" and "Snow White"). And she never claims to have all the answers. In late July, while her three daughters were at summer camp, Kohl spoke to Salon from her home in Chicago about reproductive rights, "test tube babies" and the unexpected impact IVF has had on her.
When you began IVF treatment 10 years ago, were there any books about infertility treatment available? I think there was a "Fertility for Dummies" book. I didn't buy it for myself because of the title, but somebody who was also going through IVF gave it to me. It was very nuts and bolts -- basically it explained the procedures and the bazillion acronyms. When I poked around on the Internet, I found that there were some clinics that were starting to advertise, but back in those days there weren't any overriding organizations. You could just see the little seedlings of what have now become the American Society for Reproductive Medicine and support organizations like Resolve starting to spring up. Without a network, was it difficult to find a doctor you trusted? I think that, as with any kind of doctor, you click with certain people and not with others. Some doctors are interested in manipulating tiny cells and all of the research that's going on (certainly not federally funded). There are some that want to help otherwise infertile people have children. But you also have people -- like my second doctor, actually -- who feel like a lot of the problem is that woman have been so go-getting that they have changed their cellular structures and have what they see as hysterical infertility. So on one hand, it's nice to have a place where you're not just this number, but on the other hand, you want to feel like you have someone... ...who isn't going to blame you. http://www.salon.com/mwt/feature/2007/08/16/embryo_qa/

Stem Cell Advance - NC Times

Local firm details stem cell advance
OCEANSIDE ---- A local biotechnology start-up says it has crossed a major hurdle in embryonic stem cells research by growing the cells directly from unfertilized human eggs. If confirmed, the advance could lead to a host of medical advances and at the same time defuse a bitter debate on the ethics of this controversial technology. Because the egg cells were never fertilized, there was no conception and thus no embryo, according to Jeff Krstich, president and chief executive of International Stem Cell Corp. Critics have opposed use of embryonic stems cells, arguing that such research destroys human life. However, research with the Oceanside-based company's stem cells should meet President Bush's requirements for federal funding, Krstich said. The president has banned the use of federal money for research on stem cells created after August of 2001.

Getting around it Evan Snyder, an influential stem cell researcher familiar with Bush's restrictions, agrees with Krstich. "I think it would circumvent the ban," said Snyder, who heads the stem cell research program at the Burnham Institute in La Jolla. That would open the door to funding from the National Institutes of Health, the nation's single biggest funder of medical research. But proving that the Oceanside company's cells work is the big challenge, he said. Embryonic stem cells are the "ancestral" cells that turn into the hundreds of cell types in the human body. They are normally taken from days-old human embryos made by normal fertilization with sperm or by cloning, a technique that creates a genetic duplicate of an organism.

'Remains to be seen' To be used in therapy, stem cells must be transformed, or differentiated, into the needed cell type, then transplanted into the patient. "I just think it remains to be seen how normal they would behave when differentiated, and most importantly when transplanted," Snyder said. Even if this "parthenogenetic" method works, however, some influential organizations, including the Catholic Church, have indicated they would oppose this method as well. Researchers around the world are investigating whether embryonic stem cells can be used to treat diseases and injuries, such as paralysis from spinal cord damage. Krstich said his company's parthenogenetic cells could be used to treat people with diabetes, eye and liver disease by as early as next year.

Booster potential If the company is successful, it will greatly boost San Diego County's visibility as a center of stem cell research. Local companies such as Carlsbad's Invitrogen Corp. and research centers including UC San Diego and the Burnham Institute in La Jolla, have made stem cell research a major priority. Krstich said he relocated the company from Los Angeles to Oceanside a year ago in order to tap into the area's biotech expertise. Lending validity to the claim, the company has published a scientific paper describing its results. The paper appeared in the June 26 issue of Cloning and Stem Cells Journal. The journal is edited by Ian Wilmut, the Scottish scientist whose team created Dolly, the first cloned mammal. The paper said embryonic stem cells were derived six times from unfertilized eggs, creating six "lines" of these stem cells. (Since then, Krstich said, the company has created six more embryonic stem cell lines). "This is the first time to my knowledge that it's been in print," said Larry Goldstein, director of UCSD's stem cell research program. "It's been done in other primates, but not in humans."

Hope for transplants Because they're produced from unfertilized eggs, the company's stem cells closely resemble the genetic makeup of the donor women, Krstich said. This means it should be easier to create replacement tissue for transplants that is not rejected by the recipients. The cells produced by the company's scientists are "pluripotent," which can turn into nearly all of the cell types, according to the paper. In animal studies, the stem cells have been used to make paralyzed rats walk. The cells were transformed into neural tissue and transplanted into the paralyzed rats. The tissue repaired the rats' damaged spinal cords, according to research by Hans Keirstead, a stem cell researcher at UC Irvine. Krstich said the company has produced insulin-producing "islet" cells, retinal cells and liver tissue from the embryonic stem cells, and that animal studies will soon be under way. The company has teamed up with Keirstead for studies on treating retinal disease.

Is it legal? Many scientists believe the embryonic stem cells have a potential for therapies superior to so-called "adult" stem cells, taken from adults or umbilical cord blood. That is because the embryonic stem cells retain more of their ability to turn into different cell types. Adult stem cells have partially transformed into mature cell types. International Stem Cell thinks its workaround is also more effective in making stem cells than other methods. "We take the egg, we chemically treat it ---- that's our patented process ---- it grows to a group of cells called a blastocyst," Krstich said. "We extract the stem cell, and from there, we take the stem cell and we expand it or grow it to a certain size, and then we freeze it. When we thaw it out, we can continue to expand it." Krstich said this method produces one line of embryonic stem cells from every two egg cells, a far higher proportion than in previous methods. Moreover, he said, it doesn't violate Bush's funding restrictions. Opponents say that regardless of whether embryonic stem cells turn out to be better therapy, getting them violates the right to life of embryos as human individuals, because the embryos are destroyed to get the cells. In 2001, President Bush cited that moral concern in restricting federal funding of human embryonic stem cell research to stem cell lines created by August of that year. Previously, no such research had received federal funding.

Congress involved However, a spokesman for the National Institutes of Health, the largest funder of biomedical research, said International Stem Cell's research would fall afoul of a federal law called the "Dickey-Wicker Amendment." The amendment has been added by Congress each year since 1995 to the bill that funds NIH, said the spokesman, Don Ralbovsky. The amendment defines a human embryo as, "any organism, not protected as a human subject . . . that is derived by fertilization, parthenogenesis, cloning or any other means from one or more human gametes or human diploid cells." In 1999, Harriet Rabb, then general counsel of the Department of Health and Human Services, issued a legal opinion that the restriction only applied to funding the process of extracting embryonic stem cells from embryos, not the subsequent use of the embryonic stem cell lines. However, the Bush administration reversed that opinion, and with Bush's decision to restrict funding on his own, the amendment became a non-issue. That could change if the next president decided to end the funding restrictions.

Moral questions The morality of embryonic stem cell research revolves around what makes a human being. Krstich said his company's cells don't have the potential to become human beings and so aren't real embryos. "For most people, we do not think we violate their ethical standards," he said. "Most scientists agree, you cannot create a human being with an egg. You need the egg and the sperm. We only use the egg." Art Caplan, a bioethics expert at the University of Pennsylvania, isn't so sure that will quell the controversy. "Some will say if that thing looks like an embryo, acts like an embryo, is being treated as an embryo, then it is an embryo," said Caplan, who is also on the editorial board of the scientific journal that published the company's research.

Catholics agree The National Catholic Bioethics Center, which reflects official Catholic teaching, takes this position. "Because Dolly the Sheep was made without sperm, this does not imply that she was some kind of being other than a sheep. Similarly, a human embryo made without sperm is not some kind of being other than a human," the center stated on its Web site at: http://www.ncbcenter.org/10Myths.pdf. The company's small scale helps it conserve money, Krstich said. Isolating and culturing embryonic stem cells is not labor-intensive work. It has 15 employees, about seven of those in Oceanside and eight in a subsidiary, Lifeline Cell Technology, in Walkersville, Md. That subsidiary occupies about 4,000 square feet, while the Oceanside headquarters occupies 8,000 square feet. By the end of the year, about 20 employees will be working in Oceanside, Krstich said. In addition, the company is raising money from performing biological work for other companies. Krstich said this reduces the money the company needs to raise from investors. However, being small also works against the publicly traded company, which is not well-known. Shares of International Stem Cell went for $1.00 apiece on Friday, giving it a total stock value of about $40 million. That's minuscule by the standards of public companies The company's stock is traded over the counter under the symbol ISCO.OB. Stories about the production of embryonic stem cells tended to focus on the company's subsidiary. A June 28 Associated Press article failed to mention the parent company. Contact staff writer Bradley J. Fikes at (760) 739-6641 or bfikes@nctimes.com.

Surrogate Mothers: Womb for Rent - Marie Claire Magazine Article

Find this article at: http://www.marieclaire.com/world/articles/surrogate-mothers-india

Customer service, tech support...these days we outsource everything to India. So why not pregnancy? Here is a report on the growing number of Indian women willing to carry an American child.

The midday sun is ferociously hot outside the Akanksha Infertility Clinic, a scuffed concrete building in the small Indian city of Anand. Crammed into a single patch of shade by the gate, a stray cow and a family of beggars ? caked so uniformly in dung-colored dust they resemble clay models ? wait out the noontime heat. Inside, the lobby is jammed with barefoot female patients in circus-bright saris. Nurses in white Indian tunics scuttle among them, hollering out names and brandishing medical files. The air smells faintly of sweat and damp cement. On the walls, blurry photos of babies and newspaper clippings celebrate the clinic's raison d'?tre: "The Cradle of the World" declares one headline.

In this case, the metaphor is also literal. The Akanksha clinic is at the forefront of India's booming trade in so-called reproductive tourism ? foreigners coming to the country for infertility treatments such as in vitro fertilization. The clinic's main draw, however, is its success using local women to have foreigners' babies. Surrogacy costs about $12,000 in India, including all medical expenses and the surrogate's fee. In the U.S., the same procedure can cost up to $70,000. How surrogacy came to be so popular in the choking backwater of Anand, a dairy community with a population of 150,000 in India's western state of Gujarat, is a long story. The short answer is Dr. Nayna Patel, 47, the clinic's director. A charismatic woman with flowing hair and a toothpaste-commercial smile, Patel single-handedly put Anand on the map when, in 2003, she orchestrated the surrogacy of a local woman who wanted to "lend" her womb to her U.K.-based daughter. The woman gave birth to test-tube twins ? her own genetic grandchildren ? and the event made headlines worldwide. Afterward, Patel was inundated with requests for surrogacy. She now has 45 surrogate mothers on her books, mostly impoverished women from nearby villages. Twenty-seven of them are currently pregnant, and each will be paid between $5000 and $7000-the equivalent to upwards of 10 years' salary for rural Indians. More than 50 babies have been born at the clinic in the past three years, half to Westerners or Indians living overseas. Another example of third-world exploitation? Globalization gone mad? The system certainly lends itself to the criticism that foreign women unwilling or unable to pay high Western fees happily exploit poor women at a 10th of the price it would cost back home. The system also avoids the legal red tape and ill-defined surrogacy laws women face in the U.S. (Not to mention that India, unlike some developing countries, has a fairly advanced medical system and doctors who speak English.) Or is it a mutually beneficial relationship? By some estimates, Indian surrogacy is already a $445-million-a-year business. Jessica Ordenes is a petite yoga-school proprietor from New Jersey. Hot, disoriented, jet-lagged, and alone-her husband, David, will join her in a week's time ? she is sitting in an empty doctor's office at the Akanksha clinic, sipping fresh coconut juice and waiting for her daily hormone injection. A girlishly pretty woman with dark hair pulled back in a ponytail, Ordenes wears a crisp green shirt and a liberal slick of lip gloss ("to stop my lips from shriveling up in this heat," she explains after numerous reapplications). She has come to Anand because she felt, at age 40, that she was nearly out of time. Unable to get pregnant but still ovulating, she spent years unsuccessfully trying to arrange for a surrogate in the States to carry her biological child. "I was running out of eggs, running out of hope, and running out of patience with being treated like a number in the U.S. system," she says. "I read about this clinic online ? I felt India was my last chance." Ordenes arrived a few days ago, checked in to the only hotel in town with air conditioning, and arrived within hours at the clinic, where she began having hormone treatments to stimulate her ovaries. In about 10 days, the eggs she produces will be extracted and fertilized with her husband's sperm. Two days after that, if all goes according to plan, some of the resulting embryos will be implanted into local surrogate Najima Vohra, a 30-year-old mother of two. Ordenes knows very little about the woman she hopes will carry her baby. She has met her only once, during a short session with Patel on the first day. Ordenes is not childless. She had a daughter at age 20 with her first husband, but her uterus became infected after a C-section, and she had to have it removed. Her marriage ended soon after. Three years later, she met David, a pharmaceutical executive and the love of her life. Not being able to have a baby with him tormented her. "I come from a huge family, and I always wanted a house full of kids," she says. Ordenes hoped for at least one child with David "to make our union complete." The couple, who live in a sprawling house in the suburbs, started to think seriously about surrogacy seven years ago. Ordenes tried local agencies but learned that willing candidates were scarce because New Jersey state law decrees that surrogates cannot receive payment. She found herself languishing on waiting lists and frustrated by potential surrogates who backed out. "It was the most demoralizing experience of my life," she says. As she sits in the empty doctor's office, a young Indian man wearing a red T-shirt and stonewashed jeans enters the room. Without a word, he proceeds to stick a needle in Ordenes's arm and fill a syringe with her blood. She looks up at him quizzically ? she has no idea who he is. After he leaves, she examines the livid red dot left behind on her skin for a second, then shrugs. "So anyway, the years disappeared, and now, as you can see, here I am in India." The temperature at 9 a.m. the following morning is pushing a brain-melting 107 degrees. Najima Vohra, immaculately dressed in an electric-blue tunic-and-pants set, arrives at the clinic an hour early for her meeting with Ordenes so they can bond a bit more before the procedure begins. It's not the most intimate venue, but Vohra is uncomfortable being seen anywhere else ? like most women here, she plans to keep her surrogacy a secret. Vohra is slim, and her long hair is tied back with a plain rubber band. "I couldn't wait to get here," she says through a translator, sitting in a plastic chair in the lobby. "I've been so excited since Dr. Patel chose me to be a surrogate that I haven't been able to sleep." Vohra says she's not ashamed of being a surrogate, but most locals are very traditional and don't understand. "They think it's dirty ? that immoral acts take place to get pregnant," she whispers, explaining their disbelief that she could conceive a child without having sex. "They'd shun my family if they knew." Vohra comes from a village 20 miles outside Anand, but she has temporarily moved to the town with her husband and two children, a 12-year-old daughter and a 7-year-old son, to hide what she is doing. "We told our neighbors we were coming here for work, which is not strictly a lie." Vohra has no job but helps her husband in his scrap-metal business, for which they earn 50 to 60 rupees ($1.20 to $1.45) a day. If her pregnancy is successful, the $5500 she receives will, as she puts it, "give my children a future." Growing up, Vohra worked in the wheat fields; she had little education. After her parents married her off at 16, she moved with her husband into a one-room mud house that erodes every year during the monsoon season. She plans to divide her surrogacy windfall three ways: buying a brick house, investing in her husband's business, and paying for her children's education. "My daughter wants to be a teacher," she says. "I'll do anything to give her that opportunity. "I'm fit and strong, and I've already given birth twice," she continues, scoffing at the idea of being nervous. And yes, she's mentally prepared to hand over the baby. "It won't even have the same skin color as me, so it won't be hard to think of it as Jessica's." The clinic stipulates that all surrogates must already be mothers so they understand what's involved physically and will be less likely to become emotionally attached to the babies they bear. Of course, it's impossible for Vohra to know how she will feel after she gives birth ? this is the wild card, the reason custody battles sometimes ensue in the U.S. All surrogates at the clinic sign a contract agreeing to hand over the baby ? which reassures prospective parents, but also supports arguments that the women, many of whom are illiterate, are being taken advantage of. (In the U.S., only a handful of states regard presigned contracts as legally binding. In others, a surrogate has a small window of time after birth to stake her claim to parental rights.) Vohra sits in silence for a while and examines her cracked fingernails. "If I do feel sad after the birth, I won't show it," she says eventually. "I can understand how much Jessica wants this baby." In India, she explains, infertility is considered a curse. Ordenes arrives at exactly 10 a.m., having hired her own car and driver to help navigate the belligerent scrum of auto rickshaws, rusting buses, and camel carts in downtown Anand. She walks over and hugs Vohra, ignoring the custom that discourages lower-caste Indian women from interacting with those outside their group. Vohra smiles. Ordenes has brought her own interpreter, a female student from the local college recommended by the clinic, since Vohra doesn't speak English. However, when they find an empty ward upstairs and sit on the beds to talk, the women struggle for words. It's as though they both realize the gap between their lives is so vast, there's simply no sensible place to begin. Ordenes feels her way with some questions about Vohra's kids, then fills her in on her latest ovum count ? a topic that consumes foreign patients while they're here, since their sole contribution to the pregnancy is healthy eggs. (Surrogates' own eggs are never used.) Ordenes has produced six eggs so far, but two need extra time to mature. She takes Vohra's hand and squeezes it and promises to look after her during the pregnancy. "You're my angel, you're my angel," she coos and hugs her again. Then Ordenes gets out her camera to take photos to send to her husband. Patel's office is a gloomy, narrow room with a computer at one end and an ultrasound machine behind a fraying living-room curtain at the other. Her enormous desk sits in the center, piled high with papers. The room is constantly packed with nurses, patients, and anyone else who cares to wander in ? nobody ever knocks before entering. Making her rounds of the upstairs ward, where pregnant surrogates have been admitted for monitoring, Patel says the business has taken off beyond anything she imagined. She has about 150 foreign couples on her waiting list, and every week three new women apply to be surrogates. She works 14-hour days and insists she's only involved in surrogacy because there's a genuine need. "I accept patients who have an established infertility problem," she says. "I've had some women ask to do surrogacy because they don't want to give up work for a pregnancy, but I turned them down flat." All the same, Patel admits there are dangers if the surrogacy business continues to grow in India. "There is little regulation by the Indian Medical Council, the body that oversees such practices," she says. "Rules need to be tighter to ensure women are not exploited." As a guest speaker at many international infertility conferences, Patel isn't fazed by the foreigners who beat a path to her door ? including clients from Taiwan, Japan, the U.S., Europe, and Australia. But she refuses to treat gay couples, revealing her deeply conservative cultural roots. "I get e-mails from gays and lesbians," she says, "some of them very well written ? but I don't feel right about helping them." The people she does feel good about helping are the local women ? the surrogates ? so long as they're not being coerced by their husbands or in-laws eager for a paycheck. "I must be certain it's a woman's own decision," she explains. "If there's any sign of tension or unwillingness, I spot it straightaway." Patel also helps to ensure each woman keeps control over her fee. "For example, if she wants to buy a house, we'll hold her money for her until she's ready. Or if she wants to put it in an account for her children, we'll go with her to the bank to set up the account in her name." The money gives many women their first taste of empowerment. Achieving that financial freedom is hard work. In one of the wards, Sofia Vohra (no relation to Najima), 35, is lying in a room with three beds, an ancient ceiling fan, and wall paint that has bubbled in the heat like a nasty rash. She is about to give birth for the sixth time, to a baby she's carrying for a couple living in the U.S. She has five children of her own, a husband who's a lazy drunk, and a job crushing glass that's used in making (of all things) fortified kite string, for which she earns $25 a month. She became a surrogate for no other reason than to pay for her two daughters' dowries, an illegal ? but still widely practiced ? Indian marriage ritual. "I'll be glad when this is over," she says, as Patel places a stethoscope on her ballooning brown stomach. "It's exhausting being pregnant again." Then, in case her complaints are misunderstood, she quickly adds, "This is not exploitation. Crushing glass for 15 hours a day is exploitation. The baby's parents have given me a chance to make good marriages for my daughters. That's a big weight off my mind." It's lunchtime on Thursday, and the clinic's surrogate mothers crowd into a small room where the staff is throwing a party. Among them is 30-year-old Rubina Mondal, a former bank clerk with long, straight black hair, dressed in a red sari fringed with gold. In February, she gave birth to a healthy boy for a couple from California. Mondal heard about Patel's clinic on a TV show, and traveled to Anand from her home in the eastern city of Kolkata. Her reason was purely economic: Her 8-year-old son, Raj, has a hole in his heart, and working as a surrogate was the only likely solution to covering his expensive medical care. Patel matched Mondal with Karen, a 33-year-old who works for a mortgage lending company in Los Angeles. Karen and her husband, Thomas, wanted children, but she had been diagnosed with a uterine tumor at age 16 and knew someone else would eventually have to carry the baby. Mondal conceived on the first try. Over the next eight months, Karen called every week from the States to hear news of her growing child. On top of the surrogacy fee, Karen paid for a spacious two-bedroom apartment in Anand for Mondal's family, hired a cleaner, and sent care packages containing cotton pajamas and panties for Mondal and toys for her two sons. Five weeks before the baby was due, Karen flew to India and moved in with Mondal so they could go through the final weeks together. "Karen became like my sister," says Mondal. Patel delivered the baby boy, Brady, at the clinic. See Link about for remainder of article.

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Surrogacy Battle Continues in Florida

http://www.cfnews13.com/News/Local/2007/8/3/surrogate_custody_battle_continues.htmlA judge denied Tom and Gwyn Lamitina?s motion Friday for temporary custody?and visitation rights in a custody battle with a surrogate mother in Jacksonville.The Lamitina's, who reside in Seminole County, said they found Stephanie Eckard on a Web site called Surrogate Mothers Online. The Lamitina?s entered into a traditional surrogacy using Eckard's egg.The couple alleges Eckard decided to keep the baby, and began demanding child support, health insurance and additional life insurance for the child.????Eckard's attorney said she told the Lamitina's she wanted to keep the child before it was born.???A final hearing will be held at a later date to determine final custody and how much child support Eckard is entitled to, if any.

Florida Case Update - Traditional Surrogacy Case - Another Media Story

Baby Battle Begins - http://www.wesh.com/news/13787821/detail.html

CHULUOTA, Fla. -- A Seminole County family and a surrogate mother are in a baby battle.

The surrogate won't give up the baby, WESH 2 News reported. The Lamitina family's first child, TJ, 2, brought such joy to his parents that they decided to have a second baby. "The first experience was so great that we thought we have to do this again," Gwyn Lamitina said. Lamitina can't carry a child so she and her husband, Tom, searched for another surrogate mother. But this time, the surrogate won't give them the baby. The nursery in their Chuluota home is ready -- the crib, clothes and Tinkerbell decorations -- all waiting for a baby girl who was born May 9 in Jacksonville. "We're still waiting for her to come home. It's very hard," Lamitina said. The Lamitinas found their surrogate, Stephanie Eckard, online. Soon, an ultrasound showed Eckard was pregnant from a traditional surrogacy -- using her egg and Tom Lamitina's sperm. But soon after they paid Eckard $1,500, the first payment out of $15,000, they caught her smoking. "Her whole attitude changed. It was like: 'Well, I'm pregnant now. This is my baby and it's going to be my way or no way,'" Lamitina said. The Lamitinas accused Eckard of breach of contract for the smoking. They said Eckard responded in an e-mail that smoking was an alternative treatment to cure her migraines, and considered safe by the FDA. From there it got uglier -- the surrogate decided to keep the baby -- and she now wants Tom Lamitina to pay child support. The Lamitinas admit they made many mistakes here. The biggest one is pointed out in a letter from the surrogate's lawyer: there was no contract. At Eckard's home near Jacksonville the sign speaks for her: "No comment." As both sides prepare to head to court, Eckard's attorney had no comment. Florida law treats this situation like an adoption, since the surrogate mother is also the biological mother. That means the mother can change her mind about giving up the baby up to 48 hours after birth. The custody case heads to court Wednesday afternoon.

Update on Florida traditional surrogacy case - case goes to court

Jugde is expected to give a temporary decision in next few days.? See attached news story:http://www.wftv.com/video/13791798/index.html?rss=orlc&psp=news