Surrogate Angels of San Antonio

Complaint: [redacted]
I am rejecting this response because: As far as [redacted] not doing credit checks, from an e-mail discussing the screening process on 6/26/2016, she stated the following: "I, on the other hand, visit every single one of my carriers personally. I go their home, visit with them, their spouse/partner and their children. Because I have been a carrier 6x myself, and because I have been in the surrogacy world for 10+ years I know what I am looking for in a good carrier. I turn down 5 or 6 women for every one who I accept. I do a lot of prescreening ahead of time - weight/height, number or pregnancies, health during pregnancies, prior drug use etc. I also do a background check on these women and their spouses - make sure financially they are ok - I want to ensure they are not doing this for the money, and also check any criminal activities - no DUIs etc." [redacted] stated there in writing that she validates the financial situation of the carriers to confirm that they are financially stable. This was not completed with the carriers in question.  In addition, once we started having problems, we requested that all carriers be screened with credit checks, in an e-mail dated 10/27/2016, [redacted] agreed to that as well as other terms and admitted that she was at fault for the poor carrier selection: "Dear [redacted] and Al: You are being more than fair and I absolutely understand your position. All you have asked for will be provided. You're right, crap happens. I just can't believe I've been a major part of the crap happening to you. This is honestly a shock to me and I will do all in my power to make it right.  I offer my heartfelt apologies and will do all I can to fix this.  Regards[redacted] claims that nowhere does she stated that she coordinate or manage appointments. However on her website (screenshot attached) she states that she does the following: “Coordination of required medical screening for all parties, per reproductive endocrinologist’s specifications”  This was not something she did for any of the carriers. I was responsible for managing this relationship between the carrier and the RE’s office and had to constantly interface to get the bare minimum required to the doctor’s office.  [redacted] claims that she never committed to paying that $900 back to us, however in an e-mail on 10/19/2016, [redacted] states: “Good afternoon [redacted]:So - I have a confession to make. I told you that because of the issues with [redacted] I would pay for [redacted] psych eval on Monday - and I planned on doing so. I have a client who was meant to sign with us last week, but they are waiting until next month. I was going to use a portion of that money to pay Dr Sharma. But now I am unable. I am so sorry. But I want to make good on it somehow. What if I paid [redacted] $200 a month until the amount of $900 has been paid? If by the time we get to transfer and we have not spent $900 on monthly fees, I will cover the transfer fee (or whatever the balance is?) Or, once the couple sign, I can just reimburse you the $900, your choice. If I go the $200 a month though then regardless of whether the couple signs with me or not, I will make good on the $900. I am so sorry to do this - and I was even hoping the couple would sign this week, but they are meeting me in the first week of November to sign and meet their carrier. In the meantime, Dr [redacted] will need to be paid by Friday. I can send you her details so that she can proceed with the evaluation for [redacted] and [redacted].” [redacted] committed in writing to paying us that $900, or paying something on our behalf, she did neither.  The match with ‘[redacted]’ never made it to contract, as her refusal to appropriately disclose medical history and angry tirades forced us to terminate with her.   This is merely a small sampling of the e-mails and text messages where [redacted] admits to fault in her selection process, where she apologises and admits to fault, and where she commits to making this right by us.  But she never did.  There are inherent deficiencies in how [redacted] is running her business.  In how she is screening carriers and what she commits to versus what she does.  And anytime we ask her to attempt to make this right, she won’t even give a symbolic effort to resolve these issues.  Even here she has not committed to doing anything to make this right.  We keep trying to work with her, and she keeps demanding more from us and/or just walking away. As far as this not being atypical, I have doctors, other Surrogacy Agencies, and other Intended Parents all indicating that the process that [redacted] has put us through is well beyond pale.  It can take awhile to find a qualified carrier, I agree. However, when working with an agency, the carriers provided should be well qualified and temperamentally appropriate.  [redacted] is not screening for that.  So, she is providing carriers, but not screening them to ensure that they are appropriate. That costs us time and money.  And it is in contrary to the service she’s committed to provide. 
Regards,
[redacted]

Response to [redacted] Revdex.com complaint Thank you for your communication regarding a complaint filed by one of our current Clients. As Surrogate Angels of San Antonio is not registered with nor a paid member of the Revdex.com, we do not recognize the authority or jurisdiction of the Better...

Business Bureau in attempting to facilitate a resolution to this complaint. This response is given only as a courtesy.  We deeply sympathize and understand the difficulties that the client is experiencing, both in the matter of infertility and in the search for a suitable Surrogate. We have in fact been attempting to work with this Client to resolve this issue, in accordance with our Agency Contract which the Client signed. To date, we have executed all of the services we are obliged to provide to the Client, up to this phase of their Surrogacy process and in accordance with the Agency Contract.  With regards to the specifics of the Clients’ complaint, we submit the following:  • SURROGATE MEDICAL RECORDS: because SASA is not a medical facility, we are not permitted to obtain or store medical records for surrogates or clients, per HIPAA regulations. It is the responsibility of the patient (whether Surrogate or Client) to ensure that their medical records are transferred to the applicable doctors and/or clinics. Our website and accompanying service listing declare that we only facilitate the transfer of medical records; we do not handle them ourselves nor read the contents therein, per HIPAA regulations.  • BACKGROUND CHECKS: we perform background checks for all of our potential Surrogates. In contrast, nowhere in our Agency Contract or service descriptions does it indicate that we perform credit checks on either our Clients or Surrogates. The results of the background checks are for the purpose of revealing criminal records, employment history, previous residences, etc. Background checks are not privy to medical records, procedures and/or conditions, due to privacy laws. As previously stated, it is up to the patient (whether Client or Surrogate) to ensure the transfer of their medical records to applicable physicians/clinics.  • SURROGATE SCREENING PROCESS: Our Surrogate screening process is comprised of an detailed questionnaire/application, an initial screening interview, in-home interview/evaluation and a background check, in addition to a medical examination by the IVF physician/clinic and a psychological evaluation of the Surrogate (and husband if present), performed by a licensed family psychologist. Although we retain the results of background checks and in-home interviews, we do not have access to or control over the examination results from IVF clinics or psychologists with regards to a Surrogate’s suitability for Surrogacy. The Psychologist provides us with a letter indicating whether the Surrogate passes the evaluation or not, but only as a courtesy to us. The Agency Contract expressly states that SASA cannot and does not guarantee a suitable outcome at any point in the surrogacy process, including psychological evaluations, medical examinations, viable pregnancies, truthfulness of the surrogate, etc.  • MEDICAL DISCLOSURES: as in any joint venture or business transaction, it is the responsibility of the participants (in this case, both the Surrogate and Client) to give full disclosure of conditions and circumstances which may adversely affect the outcome of the process. Surrogates must sign their own Agreement with the Agency, which states among other things that they must give full disclosure of their medical history, to include any medical or psychological condition which may adversely affect their ability to perform their duty as a Surrogate. Any Surrogate who knowingly omits or refuses to disclose pertinent medical information is immediately dismissed from further consideration with the Agency.  • PSYCHOLOGICAL EVALUATIONS FOR CLIENTS AND SURROGATES: as detailed in the Agency Contract, we require our Clients to receive a psychological evaluation for the purpose of uncovering psychological concerns, on the part of the Client, regarding fertility and surrogacy that are of mutual concern to both the Client and the Agency. The psychological evaluation for the Client is a contractual requirement. To date, we have yet to receive the psychological evaluation for this Client.  • APPOINTMENTS/MEDICAL RECORDS: nowhere in the Agency Contract or service descriptions does it indicate that we make appointments for Clients and Surrogates. We supply the names of qualified medical and psychological professionals for this process, but it is the responsibility of the Clients and/or Surrogates to make and keep their own appointments. As previously stated, it is the responsibility of patients (whether Client or Surrogate) to ensure the transfer of available medical records to applicable clinics and/or physicians.  • REPAYMENT FOR REPEAT PSYCHOLOGICAL EXAMS: as stated in the Agency Contract, in the event a potential Surrogate fails a psychological evaluation, the Agency can agree to pay for the psychological evaluation of a replacement Surrogate on behalf of the Client. This fee is not reimbursed directly to the Client, but rather paid to the psychologist upon completion of this second psychological evaluation.  • REFUND/TERMINATION OF CONTRACT: as described in detail in the Agency Contract, by signing said Contract it is expected that the Client is prepared to see the Surrogacy process through to its logical conclusion- said conclusion to be the birth of a child to the Client by the Surrogate. Therefore, all fees are fully earned for the service provided by the Agency, regardless of outcome. The Agency agrees to continue working for the Client at no additional cost until a suitable Surrogate is found and a Gestational Contract is signed between the Client and Surrogate. Simply put, the Client is not paying the Agency for a Surrogate; rather, they are paying for the Agency’s services in helping them find a Surrogate and guiding them through the process to its conclusion. With regard to termination of services: as described in the Agency Contract, if a client decides to terminate the services of the Agency, the Client is considered in Breach of Contract and is to be assessed a Termination Fee and required to sign an Agency Termination Agreement. All fees paid to the Agency for its services are thereby forfeited.  In closing, we deeply regret the difficulties the Client has experienced during this process. In our 10 years of valued service, we have never encountered such difficulties in locating and/or vetting suitable Surrogates for our clients. However, we are confident, as our success rate clearly shows, that given time we will be able to find a suitable Surrogate for this client. The length of time that has passed in finding a surrogate for this client (minus the setbacks) is by no means an uncommon occurrence, either in our experience or the experience of other Surrogate agencies across the state. We are fully aware that the surrogacy process can be filled with difficulty and heartache, but we are committed to standing with our Clients to the very end, no matter how long it takes. This is the commitment we make to every client, and we fully expect that our clients will stand alongside us as we guide them through this journey.