() A Texas woman is seeking custody of a baby she carried as a surrogate after California authorities removed 21 children from a couple accused of running a massive surrogacy scam.
Kayla Elliott gave birth to the child in March for 38-year-old Silvia Zhang and her 65-year-old husband Guojun Xuan, both of Chinese descent. Elliott now believes she was deceived and wants the baby back.
“I definitely think there’s some type of trafficking going on. Nobody in their right mind wants 21 children, and especially all at one time,” Elliott told ’s “CUOMO.” “It definitely seems like something very fishy is going on.”
The couple was arrested in May after police investigated suspected child abuse involving a 2-month-old. Officers found 15 children living in the home and discovered six more staying with friends of the parents. All 21 children, ranging from 2 months to 13 years old, were removed and placed in foster care.
Authorities say 17 of the children were younger than 3 years old, and most were born using gestational surrogates who had no genetic link to the embryos they carried. The couple allegedly told surrogates they wanted a second child after failed IVF attempts.
Police also discovered surveillance footage showing a nanny violently shaking a baby who was hospitalized two days later. The nanny is now on the run.
Arcadia, California, police allege that 56-year-old Chunmei Li was captured on home security video violently shaking the baby.
The investigation began when a hospital contacted police about suspected abuse of the 2-month-old. When officers arrived at the home, they found what has been described as a hotel-like setup with a clerk at the front desk.
Kayla Elliot, a surrogate now seeking custody of her baby, joins to discuss a surrogacy scam involving 21 children. California couple Silvia Zhang, 38, and Guojun Xuan, 65, are accused of using multiple surrogates, then neglecting the children. A nanny caught abusing a baby is now on the run. All 21 children are in foster care. The couple claims they did nothing wrong. The investigation began when a hospital contacted police about suspected abuse of the 2-month-old. When officers arrived at the home, they found what has been described as a hotel-like setup with a clerk at the front desk. Kayla Elliot, a surrogate now seeking custody of her baby, joins to discuss a surrogacy scam involving 21 children. California couple Silvia Zhang, 38, and Guojun Xuan, 65, are accused of using multiple surrogates, then neglecting the children. A nanny caught abusing a baby is now on the run. All 21 children are in foster care. The couple claims they did nothing wrong. Arcadia, California, police allege that 56-year-old Chunmei Li was captured on home security video violently shaking the baby.
Elliott said she was contacted through Facebook Messenger by “Mark Surrogacy” in January 2024 after posting in a surrogate group. When she met the intended father for the embryo transfer, he spoke only Mandarin and required a translator.
“The whole situation was odd,” Elliott said about meeting Zhang. “She did not seem in any way loving towards the baby. She barely even held the baby.”
Elliott faces legal challenges in her custody battle because she lives in Texas while the case proceeds in California. The couple’s trial is scheduled for September.
“I have talked to a few attorneys, and it seems like everyone’s a little bit stumped as to how to go about this. They haven’t technically fully lost their custodial rights,” Elliot said.
Elliot is waiting for the intended parents’ criminal trial to conclude: “Once that happens, we might have a good chance of me being able to gain guardianship of the child.”
Tracy Walder, a retired CIA officer and FBI special agent, said the case resembles “birth tourism” schemes involving Chinese nationals.
“I am actually horrified that these individuals were released based on the scope and scale of what they’re doing,” Walder said.
The couple has denied wrongdoing, claiming they simply wanted a large family. They were arrested on neglect charges but released as investigators continue building their case.
More mothers come forward in California case
Surrogate moms from Texas to Florida thought they were carrying a baby for the couple struggling to have a second child due to infertility. Then, one woman discovered they were all surrogates for the same couple, some at the same time, with the babies now in foster care.
local affiliate KTLA spoke with three other women who say they were also surrogates for the same Arcadia couple one who delivered in Florida in June; tragically, that baby was stillborn.
A Florida surrogate mother said she felt disregarded and essentially discarded after the child she carried for a California couple did not survive.
“I think what hurt me the most was that I feel like the baby was abandoned and I was too,” said Perla, 31, in an interview with KTLA.
Two Los Angeles County surrogates say they also carried for this couple, one who gave birth in March, another who had two babies: one in 2022, another in 2024. The women say they all worked with Mark Surrogacy.
So far, six women have come forward.
Police said Zhang was able to show that she is the legal mom on all of their birth certificates.
In recent months, Mark Surrogacy has filed paperwork to terminate the company, according to public records.
But a surrogate in Pennsylvania, who asked to remain anonymous due to contractual restrictions, says she is currently pregnant with a child for Mark Surrogacy.
“We are carrying for Mark Surrogacy, and we are 26 weeks,” she told KTLA. “It really hit hard when all of this came through.”
Via a text message from a phone associated with Zhang, KTLA was told, “Any accusations of wrongdoing are misguided and wrong. We look forward to vindicating any such claims at the appropriate time when and if any actions are brought.”
Police also said they have evidence of additional abuse involving other nannies and plan to present their findings to the district attorney soon.
Elliot has started a GoFundMe campaign for legal fees so she can try to get custody of the child she delivered and says she has been interviewed by the FBI.
local affiliate KTLA contributed to this report.
