Kelley said the intended parents weren't present at her evaluation, which was done over the telephone. The subject of abortion never came up, she added. She said the evaluation was done by Rita Kron, who works at Surrogacy International, the agency that arranged the surrogacy.
That's a problem, Brisman says. A person who works for the agency stands to benefit financially if the surrogacy goes through, and might be tempted to overlook potential conflicts that could kill the deal.
CNN contacted Surrogacy International, and a woman who said her name was Rita answered the phone. "You have to understand something -- there is a privacy that exists and that's the end of the story," she said and then hung up. Kron did not return CNN's emails.
5. Understand the relationship after birth
Will the surrogate pump breast milk for the baby? Will the parents send photos of the baby as he or she grows up? Can the surrogate contact the parents for updates? All of these questions should be worked out beforehand, Brisman says.