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Investigative Journalist Emi Nietfeld Exposes Risks of Unregulated U.S. Surrogacy

Nietfeld's reporting uncovers the legal gray zone of U.S. surrogacy. Her work highlights the urgent need for regulation and serves as a cautionary tale for health journalists.

In the image there is a baby laying under baby cradle, on the left side there is a caution sticker...
In the image there is a baby laying under baby cradle, on the left side there is a caution sticker on it.

Investigative Journalist Emi Nietfeld Exposes Risks of Unregulated U.S. Surrogacy

Emi Nietfeld's investigative journalism has shed light on the unregulated and often risky world of surrogacy in the United States. Her feature for Wired, 'The Baby Died. Whose Fault Is It?', exposes systemic gaps and lack of regulation in an industry where clinics, agencies, and psychologists often pass responsibility for arrangements, leading to a patchwork system with limited accountability.

Nietfeld's reporting, supported by ProPublica, highlights the dangers of this legal gray zone. Surrogacy in the U.S. is largely unregulated, with no federal oversight and many states leaving it in a legal limbo. Her investigation into a stillbirth case provided valuable lessons in navigating contested medical evidence and handling unequal access to sources. Nietfeld ensured fairness in her reporting by letting characters speak for themselves through quotes from documents and their own words, even when access to sources was asymmetrical.

To fact-check medical and legal claims, Nietfeld requested comments from people and institutions named, pulled lawsuit filings, and added annotations to the draft pointing to original sources. Her work reveals that intended parents and surrogates often assume safeguards exist in surrogacy arrangements, but they often don't. The lack of regulation can lead to situations where agreements fall apart, with high-stakes decisions in reproductive health unfolding with limited accountability.

Nietfeld's reporting underscores the urgent need for health insurance coverage and legal zoom services in U.S. surrogacy. Her advice to health journalists covering reproductive technologies is to be aware of sources' conflicts of interest and seek a wide variety of experts. Her work serves as a cautionary tale, highlighting the importance of accurate risk communication, fairness in reporting, and thorough fact-checking in reproductive health journalism.

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