The Journey, Episode 4: The Courts
Episode of In The Dark · October 6, 2026 · 56 min
Reporter Ava Kaufman follows two Virginia surrogates who defied their contracts with an investigated Los Angeles couple, revisiting Baby M and attending a Farmville custody hearing.
Summary
In the fourth episode of The Journey, Ava Kaufman of In the Dark and The New Yorker traced what happened to babies carried by surrogates for Sylvia and Guojun, a Los Angeles couple whose many children were in foster care amid a child-endangerment investigation they denied. Surrogate Stacey King described preparing to bring home the girl she delivered in September 2025, only for hospital staff to take the baby, who then lingered in the hospital for over a month. King said she felt betrayed after attorney Colleen Quinn, who had corresponded with her, went on to represent the intended parents and sued her for a million dollars; King settled.
A second Virginia surrogate, Melissa Epps, secretly delivered at a different hospital and took the baby home. Kaufman placed her case in the context of the 1980s Baby M case, in which the New Jersey Supreme Court voided a paid surrogacy contract, leading to a patchwork of state surrogacy laws. Kemper Beasley III, attorney for the Prince Edward County Department of Social Services, explained how DSS intervened in what was nominally a contract case to stop the baby going to the intended parents, then placed her back with Epps as caregiver.
Kaufman and producer Natalie attended a hearing in Farmville where Judge Donald Blessing allowed Epps's late response, questioned Quinn about whether a contract or the child's best interest was paramount, and declined to move the case to California pending the dependency court's ruling there. In a later interview, Quinn said Stacey King had only been a prospective client, cited bar ethics rules, said she had no duty to investigate her own clients, and later retracted her statement that the couple were good parents. Guardian ad litem Brooke Teefey expressed concern that the child remained in limbo awaiting California's decision.
Chapters
- 0:00
Recap of The Journey
Clips recall earlier episodes about the surrogacy agency, the intended parents, and the abuse allegations.
- 1:57
Stacey King's delivery
Surrogate Stacey King prepares to take the baby home but hospital staff remove the newborn, who stays hospitalized for weeks.
- 6:59
The lawyer who switched sides
King describes corresponding with attorney Colleen Quinn, who then represented the intended parents and sued her for a million dollars.
- 10:30
Four babies and Melissa Epps
Kaufman outlines the fates of four babies and introduces Melissa Epps, who secretly took her baby home.
- 13:09
The Baby M precedent
The 1980s Baby M case and its aftermath produced a patchwork of state surrogacy laws.
- 19:16
DSS intervenes in Farmville
Kemper Beasley III explains how social services stopped the handover to the intended parents and returned the baby to Epps as caregiver.
- 25:44
The hearing before Judge Blessing
The judge allows Epps's late defense, presses Quinn on best interest versus contract, and keeps the case in Virginia.
- 35:13
Interview with Colleen Quinn
Quinn defends her ethics, declines to comment on the California findings, and later retracts calling her clients good parents.
- 43:41
The guardian ad litem
Guardian ad litem Brooke Teefey describes the baby's limbo and the wait for a California ruling.
Linked moment · 48:33Skip to 48:33 using a listen link in the info box.
48:33Preview of the finale
Kaufman teases updates in the final episode and reads the credits.
Key points
What was said, by whom, with the exact words. Timestamps jump to the moment.
- Stacey King
Stacey King says that while she knew the baby was not hers, she felt compelled to protect the child after learning of the abuse allegations.
“no, she's not mine, but you want to protect a child, an innocent being that you are carrying”
- Stacey King
Stacey King recounts that hospital staff questioned her about the investigation and contract and then took the newborn.
“They asked about the parents and the investigation and the contract and CPS, and they basically said, Time's up”
- Stacey King
Stacey King says she was elated when she believed Colleen Quinn would help her, before feeling betrayed.
“I was ecstatic, honestly, because I thought I had found someone who was actually willing and going to help us”
- Mary Beth Whitehead
Mary Beth Whitehead said she could not find an attorney and that the intended parents had money and power on their side.
“They had money. They had power. And, you know, I was trying to catch up, but I couldn't”
- Ava Kaufman
Ava Kaufman argues that Epps's case poses an existential question for the surrogacy industry.
“if surrogates like Melissa are allowed to change their minds and keep the kids they carry, then the surrogacy industry might not be much of an industry at all”
- Kemper Beasley III
Kemper Beasley III says surrogacy disputes were new territory for his rural Virginia jurisdiction.
“Obviously, this is uncharted territory for us in central Virginia. Obviously, we deal with adoption, things of that nature, but not surrogacy”
- Kemper Beasley III
Beasley says DSS sought an emergency order to keep the baby safe until more was known about the California investigation.
“we felt like it was necessary for the protection of child to make sure this child was in a safe place”
Listen from 23:12 · Prince Edward County Department of Social Services
- Kemper Beasley III
Beasley argues it would not serve the baby's best interest to remove her from Melissa Epps, the only caregiver she knows.
“It doesn't seem in the best interest of the child to be removed from the only thing the child knows”
- Kemper Beasley III
Beasley says he had never before seen DSS asked to intervene in a civil contract action.
“this is the only scenario I can think of, quite frankly, where we were asked to intervene in a contract action”
Listen from 25:29 · Prince Edward County Department of Social Services
- Ava Kaufman
Kaufman explains that, unlike family law generally, surrogacy law typically does not apply a best-interest-of-the-child analysis.
“When it comes to surrogacy law, however, the best interest of a child is typically not in play”
- Colleen Quinn
Colleen Quinn says Stacey King was never retained and was only a prospective client.
“I was not retained. We did not have a retainer agreement or anything like that”
- Colleen Quinn
Quinn argues there was no conflict of interest because she learned nothing from King that could significantly harm her.
“there was nothing in any of our communications that would be significantly harmful to her”
- Colleen Quinn
Quinn initially said she believed Sylvia and Guojun were good parents despite the California proceedings, a statement she later retracted by email.
“The proceedings out there are going to continue, and I feel that these are good parents, despite what's going on”
- Colleen Quinn
Quinn says she has no obligation to investigate her own clients.
“So I don't necessarily have a duty to do an investigation on my own clients, okay?”
- Colleen Quinn
Quinn argues that everyone is entitled to legal representation regardless of what they are accused of.
“So regardless of what somebody does, they're entitled to representation”
- Colleen Quinn
Quinn says that while DSS is involved the children would go into foster care rather than back to the parents' house.
“As long as DSS is involved, the children are going into foster care”
People
In the conversation
- Ava KaufmanInvestigative reporter and host of The Journey, a season of In the Dark from The New Yorker
- Stacey KingVirginia bookkeeper who served as a gestational surrogate for Sylvia and Guojun
- Colleen QuinnRichmond, Virginia family formation attorney representing the intended parents
- Kemper Beasley IIIAttorney for the Prince Edward County, Virginia, Department of Social Services
- Mary Beth Whitehead
Discussed
- Melissa EppsVirginia surrogate who took home the baby she carried and fought for custody
- SylviaLos Angeles intended parent whose children were in foster care amid abuse allegations
- GuojunLos Angeles intended parent and Sylvia's husband
- William SternBiological father awarded custody in the Baby M case
- Elizabeth SternIntended mother in the Baby M case
- Donald BlessingVirginia circuit court judge presiding over the Epps lawsuit
- Pamela DeCampVirginia Legal Aid Society attorney representing Melissa Epps
- Brooke TeefeyGuardian ad litem appointed for the baby in Virginia
- Debora SparHarvard Business School professor who has studied surrogacy markets
Topics
From the publisher
One of the surrogates secretly takes home the baby she carried. And, in an unprecedented circumstance, it seems like she might have the chance to keep her. New Yorker subscribers get early, ad-free access to “The Journey.” In Apple Podcasts, tap the link at the top of the feed to subscribe or link an existing subscription. Or visit newyorker.com/dark to subscribe and listen in the New Yorker app. Learn more about your ad choices. Visit podcastchoices.com/adchoices
Summary, chapters and key points were generated from the episode transcript on October 7, 2026. Quotes are checked word for word against the transcript.