Skip to Content Facebook Feature Image

Two surrogates speak out about California couple under investigation

News

Two surrogates speak out about California couple under investigation
News

News

Two surrogates speak out about California couple under investigation

2025-07-20 08:57 Last Updated At:09:00

LOS ANGELES (AP) — A woman who almost served as a surrogate for a Southern California couple now under investigation by authorities said she backed out after the couple asked her if any of her friends would like to carry a child for them too.

The request as well as conflicting information she was getting left the woman, Esperanza, unnerved and she decided not to sign a surrogacy contract with Silvia Zhang, who offered her $60,000. Esperanza spoke to The Associated Press on the condition that her last name not be used because she has not shared her surrogacy experience publicly.

Zhang, 38, and her husband, Guojun Xuan, 65, are now the target of an investigation by local and federal authorities after their infant child was taken to the hospital with a traumatic head injury in May. Authorities have since taken 21 children from the couple's custody, many of whom were born by surrogate, said Lt. Kollin Cieadlo of the Arcadia Police Department, near Los Angeles.

Surrogacy is an agreement between parties for a woman to become pregnant, typically through an embryo transfer, and deliver a baby for the intended person or couple to raise.

The children range in age from 2 months to 13 years, with most between 1 and 3.

Esperanza is one of at least eight women who say they were aggressively pursued by the couple to serve as surrogates. The women, many of whom were first-time surrogates, say they were given misleading or incomplete information about the couple's family situation and intentions. Some, like Esperanza, did not move forward with carrying a child for the couple. Another who did, Kayla Elliott, is now trying to get custody of a baby she birthed in March for the couple.

Arcadia police say the FBI is involved in the investigation over whether the couple misled surrogates around the country. The FBI has not confirmed its investigation. Elliott said she was interviewed by the FBI at the end of May.

Elliott worked through a business called Mark Surrogacy, according to the contract she signed and shared with the AP. California state records show a company called Mark Surrogacy Investments LLC registered at the company's Arcadia home until this June. Elliot's contract listed an El Monte address for the company. An AP reporter visited that location Thursday and did not find anyone who recognized the names of the couple or Mark Surrogacy.

Zhang did not respond to phone calls and emails seeking comment. Lawyers for Mark Surrogacy did not respond to emails seeking comment, nor did a fertility clinic involved in the embryo transfer.

In social media posts, other women who say they served as surrogates for Zhang and Xuan outlined suspicious actions including the couple not fulfilling payment obligations and weren't present for the children's births. Many women contacted by the AP did not respond or said they would only speak after securing an attorney.

Zhang and Xuan were arrested in May after a hospital reported that their 2-month-old infant had a traumatic head injury, the result of a nanny at the home violently shaking the baby, according to Arcadia police.

Arcadia police did not file charges at the time, in order to finish a full investigation, Cieadlo said, and detectives were looking into possible child abuse charges and anticipated presenting a case in a few weeks.

The couple told police that they “wanted a large family" and produced what appeared to be legitimate birth certificates, including some from outside California, that list Zhang as the mother of the children, Cieadlo said. Xuan was listed as the father on at least some of the birth certificates, Cieadlo said.

Esperanza's dealings with Zhang began in 2023. She had posted in a Facebook group for people interested in surrogacy and received a message from Zhang.

Zhang said she and her partner already had an 8-year-old daughter in China but were having fertility issues. Zhang said she was working with a surrogate who was already pregnant but that she wanted “twins," so she was pursuing a second surrogate. But Esperanza said things started to feel amiss after Zhang asked if she had any friends who also wanted to be surrogates.

“She said that she’s a realtor in Arcadia and that’s how she has a lot of money and was able to afford a lot of surrogates at the time,” Esperanza said.

Esperanza backed out of the surrogacy after the lawyer for the couple abruptly hung up on her while discussing the contract. She said the document said the couple would implant two embryos instead of one and the section requiring background information on the couple was cut out. The couple became angry when she decided not to move forward.

Esperanza showed text messages to the AP that showed Zhang offering $3,000 more if she agreed to keep going, and another $2,000 bonus after a fetal heartbeat is detected.

Elliott gave birth to a baby girl in March. She chose to be a surrogate because she “really wanted to give somebody a family.”

The Texas woman began the process when Mark Surrogacy reached out to her directly on Facebook. She signed a contract listing Xuan and Zhang as the intended parents. The contract said Elliott would receive $45,000.

Elliott became wary when early in the pregnancy she flew to California to meet the couple and only Xuan showed up. As the process went on, Elliott had almost no direct contact with the Xuan and Zhang, which is uncommon in surrogacy. Most of the messaging was through texts and emails with representatives from the agency, who discouraged her from reaching out to Zhang.

“The agency was always like, ‘Oh, they’re very busy people,’” she said.

When she learned that the couple had at least two other surrogates having babies for them, she was told by the agency “they just want a big family."

Elliott flew to California for the embryo transfer, which was done at Western Fertility Institute in Los Angeles. The clinic declined to comment on the investigation.

Neither parent were there for Elliott's labor or delivery, and only Zhang showed up a few hours after the baby was born. The woman “didn’t seem very connected with the child ... she kind of barely looked at her," Elliott said.

After handing Elliott $2,000 in cash and giving three of her family members in the room $200 each, the woman left with the baby girl.

Now, Elliott wants custody of the girl and says she just hopes all the babies are safe. When the news first broke about the couple, she confronted Zhang on the phone and over text.

In text messages Elliott showed to the AP, Zhang wrote: “All the babies really important in our life.”

__ Golden reported from Seattle. AP journalist Christopher Weber contributed from Los Angeles.

This story has been corrected to say that Kayla Elliott’s contract said she would receive $45,000 for being a surrogate mother.

An aerial view shows the home of Silvia Zhang and Guojun Xuan on Wednesday, July 16, 2025, in Arcadia, Calif., where a number of children were removed from the couple's home after a child abuse allegation in May, according to Arcadia police. (AP Photo/Jae C. Hong)

An aerial view shows the home of Silvia Zhang and Guojun Xuan on Wednesday, July 16, 2025, in Arcadia, Calif., where a number of children were removed from the couple's home after a child abuse allegation in May, according to Arcadia police. (AP Photo/Jae C. Hong)

The home of Silvia Zhang and Guojun Xuan is seen on Wednesday, July 16, 2025, in Arcadia, Calif., where a number of children were removed from the couple's home after a child abuse allegation in May, according to Arcadia police. (AP Photo/Jae C. Hong)

The home of Silvia Zhang and Guojun Xuan is seen on Wednesday, July 16, 2025, in Arcadia, Calif., where a number of children were removed from the couple's home after a child abuse allegation in May, according to Arcadia police. (AP Photo/Jae C. Hong)

An aerial view shows the home of Silvia Zhang and Guojun Xuan on Wednesday, July 16, 2025, in Arcadia, Calif., where a number of children were removed from the couple's home after a child abuse allegation in May, according to Arcadia police. (AP Photo/Jae C. Hong)

An aerial view shows the home of Silvia Zhang and Guojun Xuan on Wednesday, July 16, 2025, in Arcadia, Calif., where a number of children were removed from the couple's home after a child abuse allegation in May, according to Arcadia police. (AP Photo/Jae C. Hong)

WASHINGTON (AP) — Becky Pepper-Jackson finished third in the discus throw in West Virginia last year though she was in just her first year of high school. Now a 15-year-old sophomore, Pepper-Jackson is aware that her upcoming season could be her last.

West Virginia has banned transgender girls like Pepper-Jackson from competing in girls and women's sports, and is among the more than two dozen states with similar laws. Though the West Virginia law has been blocked by lower courts, the outcome could be different at the conservative-dominated Supreme Court, which has allowed multiple restrictions on transgender people to be enforced in the past year.

The justices are hearing arguments Tuesday in two cases over whether the sports bans violate the Constitution or the landmark federal law known as Title IX that prohibits sex discrimination in education. The second case comes from Idaho, where college student Lindsay Hecox challenged that state's law.

Decisions are expected by early summer.

President Donald Trump's Republican administration has targeted transgender Americans from the first day of his second term, including ousting transgender people from the military and declaring that gender is immutable and determined at birth.

Pepper-Jackson has become the face of the nationwide battle over the participation of transgender girls in athletics that has played out at both the state and federal levels as Republicans have leveraged the issue as a fight for athletic fairness for women and girls.

“I think it’s something that needs to be done,” Pepper-Jackson said in an interview with The Associated Press that was conducted over Zoom. “It’s something I’m here to do because ... this is important to me. I know it’s important to other people. So, like, I’m here for it.”

She sat alongside her mother, Heather Jackson, on a sofa in their home just outside Bridgeport, a rural West Virginia community about 40 miles southwest of Morgantown, to talk about a legal fight that began when she was a middle schooler who finished near the back of the pack in cross-country races.

Pepper-Jackson has grown into a competitive discus and shot put thrower. In addition to the bronze medal in the discus, she finished eighth among shot putters.

She attributes her success to hard work, practicing at school and in her backyard, and lifting weights. Pepper-Jackson has been taking puberty-blocking medication and has publicly identified as a girl since she was in the third grade, though the Supreme Court's decision in June upholding state bans on gender-affirming medical treatment for minors has forced her to go out of state for care.

Her very improvement as an athlete has been cited as a reason she should not be allowed to compete against girls.

“There are immutable physical and biological characteristic differences between men and women that make men bigger, stronger, and faster than women. And if we allow biological males to play sports against biological females, those differences will erode the ability and the places for women in these sports which we have fought so hard for over the last 50 years,” West Virginia's attorney general, JB McCuskey, said in an AP interview. McCuskey said he is not aware of any other transgender athlete in the state who has competed or is trying to compete in girls or women’s sports.

Despite the small numbers of transgender athletes, the issue has taken on outsize importance. The NCAA and the U.S. Olympic and Paralympic Committees banned transgender women from women's sports after Trump signed an executive order aimed at barring their participation.

The public generally is supportive of the limits. An Associated Press-NORC Center for Public Affairs Research poll conducted in October 2025 found that about 6 in 10 U.S. adults “strongly” or “somewhat” favored requiring transgender children and teenagers to only compete on sports teams that match the sex they were assigned at birth, not the gender they identify with, while about 2 in 10 were “strongly” or “somewhat” opposed and about one-quarter did not have an opinion.

About 2.1 million adults, or 0.8%, and 724,000 people age 13 to 17, or 3.3%, identify as transgender in the U.S., according to the Williams Institute at the UCLA School of Law.

Those allied with the administration on the issue paint it in broader terms than just sports, pointing to state laws, Trump administration policies and court rulings against transgender people.

"I think there are cultural, political, legal headwinds all supporting this notion that it’s just a lie that a man can be a woman," said John Bursch, a lawyer with the conservative Christian law firm Alliance Defending Freedom that has led the legal campaign against transgender people. “And if we want a society that respects women and girls, then we need to come to terms with that truth. And the sooner that we do that, the better it will be for women everywhere, whether that be in high school sports teams, high school locker rooms and showers, abused women’s shelters, women’s prisons.”

But Heather Jackson offered different terms to describe the effort to keep her daughter off West Virginia's playing fields.

“Hatred. It’s nothing but hatred,” she said. "This community is the community du jour. We have a long history of isolating marginalized parts of the community.”

Pepper-Jackson has seen some of the uglier side of the debate on display, including when a competitor wore a T-shirt at the championship meet that said, “Men Don't Belong in Women's Sports.”

“I wish these people would educate themselves. Just so they would know that I’m just there to have a good time. That’s it. But it just, it hurts sometimes, like, it gets to me sometimes, but I try to brush it off,” she said.

One schoolmate, identified as A.C. in court papers, said Pepper-Jackson has herself used graphic language in sexually bullying her teammates.

Asked whether she said any of what is alleged, Pepper-Jackson said, “I did not. And the school ruled that there was no evidence to prove that it was true.”

The legal fight will turn on whether the Constitution's equal protection clause or the Title IX anti-discrimination law protects transgender people.

The court ruled in 2020 that workplace discrimination against transgender people is sex discrimination, but refused to extend the logic of that decision to the case over health care for transgender minors.

The court has been deluged by dueling legal briefs from Republican- and Democratic-led states, members of Congress, athletes, doctors, scientists and scholars.

The outcome also could influence separate legal efforts seeking to bar transgender athletes in states that have continued to allow them to compete.

If Pepper-Jackson is forced to stop competing, she said she will still be able to lift weights and continue playing trumpet in the school concert and jazz bands.

“It will hurt a lot, and I know it will, but that’s what I’ll have to do,” she said.

Heather Jackson, left, and Becky Pepper-Jackson pose for a photograph outside of the U.S. Supreme Court in Washington, Sunday, Jan. 11, 2026. (AP Photo/Jose Luis Magana)

Heather Jackson, left, and Becky Pepper-Jackson pose for a photograph outside of the U.S. Supreme Court in Washington, Sunday, Jan. 11, 2026. (AP Photo/Jose Luis Magana)

Heather Jackson, left, and Becky Pepper-Jackson pose for a photograph outside of the U.S. Supreme Court in Washington, Sunday, Jan. 11, 2026. (AP Photo/Jose Luis Magana)

Heather Jackson, left, and Becky Pepper-Jackson pose for a photograph outside of the U.S. Supreme Court in Washington, Sunday, Jan. 11, 2026. (AP Photo/Jose Luis Magana)

Becky Pepper-Jackson poses for a photograph outside of the U.S. Supreme Court in Washington, Sunday, Jan. 11, 2026. (AP Photo/Jose Luis Magana)

Becky Pepper-Jackson poses for a photograph outside of the U.S. Supreme Court in Washington, Sunday, Jan. 11, 2026. (AP Photo/Jose Luis Magana)

The Supreme Court stands is Washington, Friday, Jan. 9, 2026. (AP Photo/J. Scott Applewhite)

The Supreme Court stands is Washington, Friday, Jan. 9, 2026. (AP Photo/J. Scott Applewhite)

FILE - Protestors hold signs during a rally at the state capitol in Charleston, W.Va., on March 9, 2023. (AP Photo/Chris Jackson, file)

FILE - Protestors hold signs during a rally at the state capitol in Charleston, W.Va., on March 9, 2023. (AP Photo/Chris Jackson, file)

Recommended Articles