New Jersey Couple Fights To Bring 2-Month-Old Son Home After Surrogate Birth in Mexico

A couple from New Jersey welcomed a son via surrogate in Mexico City back in April. The parents were thrilled to have a new baby, but the joy was quickly dashed for the parents, who are still fighting to bring their son to the United States. Sam Kaitz, 37, and his wife, Laura Kaitz, 52, never thought their son, Simon, would be stuck in Mexico with no homecoming in sight.

When the couple began their surrogacy journey, they didn’t think that surrogacy in the US was an affordable option. They nearly began the process with a surrogate in Ukraine, days before the Russian invasion. Instead, they chose Mexico, despite warnings of complications. Now, the parents are living a nightmare.

More from CafeMom: Khloé Kardashian Admits She Was a 'Control Freak' While Her Surrogate Was Carrying Her Son

The couple reportedly got help from an American surrogacy agency.

Per NJ.com, the Asbury Park Press reported the Freehold couple worked with a US agency that first helped them find the Ukrainian agency and then led them to the company Surrogacy Mexico. The couple used Sam’s sperm and a donor egg with a matched surrogate, who got pregnant on the first try. Simon was born seven weeks prematurely on April 18.

Simon was in the neonatal intensive care unit.

Because he was premature, Simon spent time in the NICU. Laura was not allowed to see the baby because she was not his biological mother, so Sam traveled to Mexico City to be with their son. He and Simon were eventually released and are staying in an Airbnb. Because of issues with his birth certificate, the family cannot get a passport issued that will allow Simon to travel to the US.

The couple reportedly spent $60,000 on surrogacy.

@vicenewsdocs Mexico’s surrogacy industry is booming, as women rush to put up “rent my womb” ads for parents in America and Europe. But as the demand surges, regulations are lagging behind—leaving some exploited. #mexico #surrogacy #surrogate #ukraine #russia #america #baby #cdmx ♬ original sound - VICE News Docs

The couple have traveled to the US Embassy in Mexico City multiple times trying to prove their identity, NJ.com reported. But despite their efforts, the family keeps hitting roadblocks.

A statement on the US Embassy & Consulates in Mexico website warns parents who want to use surrogacy in Mexico.

“Although surrogacy agencies/clinics claim surrogacy is legal in Mexico and actively promote Mexico as a destination for international commercial surrogacy, there is no legal framework for foreigners or same-sex couples to pursue surrogacy in Mexico. As a result, surrogacy agreements between foreign or same-sex intending parents and gestational mothers are not enforced by Mexican courts," a statement reads.

"If you decide to pursue parenthood in Mexico via assisted reproductive technology (ART) with a gestational mother, be prepared for long and unexpected delays in documenting your child’s citizenship. Make sure you understand Mexican law, which recognizes the gestational mother as the child’s legal parent with full parental rights and mandates that the gestational mother be listed on the Mexican state-issued birth certificate," it continues. "Be aware that individuals who attempt to circumvent local law risk criminal prosecution. Mexican authorities have made arrests stemming from surrogacy cases.”

Now, the couple claims the agency misled them.

According to the couple, the agency told them the laws in Mexico City regarding surrogacy had changed, NJ.com reported. Sam Kaitz said the whole situation is very stressful, and each time he visits the US Embassy, it seems he needs something new. He was scheduled to visit last week to take a DNA test, which they hope will lead to the family being together in the US.

“These are things we had been told,” Laura Kitz said. “I think it’s important for people to realize the laws have not changed.”

More from CafeMom: Jessie J Pays Tribute to Iconic Song With New Baby Photo: ‘I Sobbed Taking This Picture'

Simon will remain in Mexico until the situation is sorted out.

Pending the DNA test results, the family hopes they will be reunited soon. The delay is costing them thousands of dollars and causing great emotional stress.

“We haven’t been a family for over two months,” said Laura Kaitz told NJ.com. “And it’s really scary.”