How to Choose a Surrogacy Agency: 20 Questions Intended Parents Should Ask
How to Choose a Surrogacy Agency: 20 Questions Intended Parents Should Ask
Quick Summary
Choosing a surrogacy agency is one of the most consequential decisions intended parents make during a surrogacy journey.
The agency may help coordinate:
Surrogate recruitment and screening
Intended-parent screening
Matching
Fertility-clinic communication
Psychological evaluation
Legal referrals and milestones
Insurance review
Escrow
Travel
Pregnancy coordination
Difficult conversations
Hospital planning
Parentage logistics
Postpartum support
That means you should evaluate much more than the agency’s website, matching-time estimate, or advertised fee.
Before signing a retainer, ask:
How long has the agency actually been operating?
What screening is completed before a surrogate is presented to me?
Who chooses whom during matching?
Where is my escrow money held?
Does the surrogate have her own independent attorney?
What happens if my first match does not work out?
What is included in the agency fee—and what isn’t?
Who helps when something goes wrong?
Is the agency licensed anywhere that licenses surrogacy organizations?
Can I speak with previous intended parents and surrogates?
At Simple Surrogacy, we have worked in third-party reproduction since 2002. We encourage intended parents to compare agencies carefully—including us.
A good agency should be willing to answer difficult questions before receiving your money.
Here are the questions we think you should ask.
1. How Long Has the Agency Actually Been in Business?
Experience does not automatically make an agency ethical.
But longevity matters in a field this complex.
An experienced agency has likely coordinated journeys involving:
Failed matches
Failed embryo transfers
Pregnancy loss
International intended parents
Insurance complications
Hospital issues
Difficult communication
Pregnancy complications
Premature delivery
C-sections
Intended-parent changes
Surrogate emergencies
Escrow questions
Parentage complications
Ask for a specific answer:
“What year did your agency begin operating?”
Not:
“How many years of combined experience does your team have?”
Those are different claims.
A company that opened three years ago but hired people with fertility-industry experience should say exactly that.
Simple Surrogacy was founded in 2002.
That history matters to us because surrogacy is rarely difficult when everything goes according to plan.
Experience becomes most valuable when it doesn’t.
2. Who Owns the Agency?
This question has become increasingly important.
Ask:
Who owns the company?
Are the owners involved in daily operations?
Is the agency independently owned?
Is it owned by private equity?
Is it owned by a law firm?
Is it affiliated with a fertility clinic?
Does another company control it?
Can I speak directly with an owner if there is a serious issue?
Ownership can affect incentives.
For example, if the same organization operates the agency, provides legal representation, controls escrow, or owns the fertility clinic, potential conflicts deserve careful examination.
That does not automatically mean the arrangement is improper.
It means you should understand who owes professional duties to whom.
Simple Surrogacy is privately owned and operated rather than being owned by a fertility clinic, law firm, or private-equity fund.
3. Has Anyone Running the Agency Actually Been a Surrogate?
Professional training matters.
So does firsthand experience.
Someone who has personally been a gestational surrogate understands parts of the process that are difficult to learn from a manual:
Fertility medications
Injections
Embryo transfer
Waiting for pregnancy results
Intended-parent communication
Pregnancy boundaries
Appointments
Compensation
Delivery planning
Postpartum recovery
The emotional transition after birth
At Simple Surrogacy, many members of our team—including coordinators—have personal experience as surrogates or egg donors.
That does not mean intended parents’ needs are less important.
It means the people coordinating the relationship understand that a healthy journey requires both sides to feel respected.
4. Is the Agency Licensed?
This question requires some nuance because the United States does not have one national surrogacy-agency license.
Requirements vary by state.
Some states have developed more formal regulatory frameworks than others.
New York, for example, licenses gestational-surrogacy organizations under its Child-Parent Security Act.
Simple Surrogacy is a New York State Licensed Gestational Surrogacy Organization.
If an agency claims to be licensed, ask:
Which government agency issued the license?
What jurisdiction does it cover?
Can I verify it?
What standards does maintaining that license require?
Do not assume a business registration or local business license is the same thing as professional surrogacy-agency regulation.
Likewise, do not assume that an agency operating in a state without agency licensing is automatically unqualified.
Licensing is one useful indicator—not the only one.
5. What Screening Is Completed Before I See a Surrogate Profile?
This is one of the most important questions on this list.
The word “screened” can mean very different things among agencies.
Ask exactly what has been completed before a woman is presented for matching.
At Simple Surrogacy, our pre-match process includes evaluating whether the applicant meets our program qualifications, obtaining and reviewing pregnancy and delivery records, psychological review, background screening, and insurance review.
After matching, the intended parents’ fertility clinic performs its own medical screening and final clearance.
That distinction matters.
An agency should not imply that its internal review replaces the fertility clinic’s medical decision.
An agency cannot manufacture a woman who meets every medical requirement and every intended-parent preference on demand.
Matching time can be influenced by:
Location
Surrogate availability
Intended-parent preferences
Embryo-transfer preferences
Views on pregnancy termination or reduction
Communication expectations
Vaccination preferences
Relationship expectations
Clinic requirements
Legal considerations
Other matching criteria
Ask an agency:
“What is your current realistic matching range for someone with criteria similar to mine?”
Then ask:
“What could make it longer?”
An honest answer should include variables and uncertainty.
Be especially cautious if someone promises that paying more guarantees an immediate match.
10. What Happens if the First Match Doesn’t Work?
Rematching happens.
A surrogate may not clear the fertility clinic.
The parties may discover a values mismatch.
Personal circumstances can change.
A transfer may fail.
A surrogate may ultimately decide she cannot continue.
Ask:
Is rematching included?
How many rematches are included?
Is there another agency fee?
When could I become responsible for another fee?
What happens if I choose to end the match?
What happens if medical screening ends the match?
What happens after failed transfer attempts?
Simple Surrogacy’s current program includes unlimited rematching without another standard agency fee, subject to the terms and exceptions in the retainer agreement.
That type of policy should always be read in the actual contract rather than relying solely on a marketing phrase such as “guaranteed journey.”
Ask what the guarantee actually means.
11. Who Holds My Escrow Money?
This should be a major factor in agency selection.
Ask whether your agency:
Holds the money itself
Controls the escrow company
Uses an independent provider
Maintains separate client accounts
Provides statements
Has financial oversight procedures
ASRM specifically identifies escrow arrangements as one of the financial issues that should be addressed in the surrogacy legal agreement.
At Simple Surrogacy, surrogate compensation and expense funds are held through independent escrow, not in Simple Surrogacy’s operating accounts.
Our current program uses SeedTrust for escrow management.
We believe the agency coordinating the relationship should not also be holding intended parents’ pregnancy funds internally.
14. Does the Agency Understand That the Surrogate Retains Medical Autonomy?
This is a useful test of agency ethics.
Ask:
“Who ultimately makes medical decisions involving the surrogate’s body?”
The correct answer is:
The surrogate, in consultation with her medical providers.
Intended parents and surrogates absolutely should discuss major issues such as:
Number of embryos transferred
Prenatal testing
Termination
Selective reduction
Vaccination
Delivery
Other significant medical expectations
Those topics belong in matching, psychological consultation, and legal agreements.
But a contract does not turn intended parents into the surrogate’s medical decision-makers.
ASRM’s Ethics Committee is explicit that the gestational carrier is the sole source of consent regarding her medical care from embryo transfer through pregnancy, labor, delivery, and aftercare.
An agency that tells intended parents they will have complete control over the pregnancy is promising something it should not promise.
15. How Does the Agency Handle Insurance?
Insurance is one of the most complicated financial areas of surrogacy.
Ask:
Who reviews the surrogate’s current policy?
Is the review performed by someone experienced in surrogacy insurance?
What happens if the policy has a surrogacy exclusion?
Who helps obtain replacement coverage?
Are premiums included in the budget?
What happens if coverage changes during the pregnancy?
Who helps resolve pregnancy-related billing problems?
At Simple Surrogacy, insurance review is part of the coordination process, with outside insurance expertise used to evaluate surrogate coverage.
No agency should simply tell you:
“Don’t worry. Insurance will cover everything.”
Insurance needs to be examined.
16. What Exactly Is Included in the Agency Fee?
This is where apparently cheaper agencies can become unexpectedly expensive.
Ask for a written breakdown.
Potential costs may include:
Recruitment
Matching
Surrogate screening
Background checks
Intended-parent screening
Psychological evaluations
Medical-record review
Insurance review
Travel coordination
Legal coordination
Escrow oversight
Case coordination
Rematching
Hospital coordination
Birth documentation support
Postpartum coordination
Then ask what is not included.
Common separate costs can include:
Attorneys
Escrow-management fees
Fertility-clinic expenses
Surrogate compensation
Insurance premiums
Travel
Medical expenses
Outside psychological services
Other third-party expenses
Compare total journey structure, not just the agency’s headline fee.
Simple Surrogacy maintains current fees on our Service Fees page so intended parents can see the program structure before committing.
17. Can the Agency Explain the Entire Estimated Budget?
Your actual total cannot be guaranteed because pregnancy is unpredictable.
But an experienced agency should be able to help you understand the major categories.
Ask about potential costs for:
Agency services
Surrogate compensation
IVF
Legal work
Escrow
Insurance
Travel
Screening
Multiples
C-section
Lost wages
Childcare
Bed rest or activity restriction
Invasive procedures
Pumping
Delivery
Postpartum recovery
If you also need an egg donor, ask for those costs separately.
A responsible budget should include contingencies rather than presenting only the most optimistic possible number.
18. Does the Agency Encourage Single Embryo Transfer?
Embryo-transfer decisions belong with the fertility clinic and require the surrogate’s agreement.
But an agency should understand the medical implications.
ASRM identifies single embryo transfer as the preferred approach in gestational-carrier cycles because multiple pregnancy increases maternal and fetal risk.
If an agency markets routine double embryo transfer as a simple way to get “two babies for one pregnancy,” ask more questions.
A twin pregnancy is not simply a more efficient singleton pregnancy.
The surrogate needs to understand and voluntarily accept the increased risks.
19. What Kind of Relationship Does the Agency Encourage Between the Surrogate and Intended Parents?
Some agencies treat the relationship almost transactionally.
Others assume everyone should become lifelong friends.
Neither should be forced.
Ask how the agency handles:
Communication frequency
Appointment involvement
Group messaging
Boundaries
Social media
Holidays
Delivery
Post-birth contact
The goal should be compatibility.
Some intended parents and surrogates become extremely close.
Others have a warm, respectful relationship with more defined boundaries.
A good agency helps both sides discuss expectations honestly before pregnancy.
20. What Happens When There Is Conflict?
This may be the most revealing question you ask.
Do not ask:
“Do you ever have conflict?”
Any agency claiming the answer is no is probably not being realistic.
Ask:
“Tell me how you handle disagreement between intended parents and a surrogate.”
Good coordination should include:
Reviewing what everyone previously agreed upon
Listening to both sides
Separating emotional issues from contractual ones
Bringing in attorneys when the issue is legal
Bringing in medical professionals when the issue is medical
Using psychological support when appropriate
Avoiding threats and escalation
Protecting respectful communication
You are hiring an agency partly for the moments when everyone is stressed.
Find out how it functions then.
What Other Questions Should Intended Parents Ask?
Before signing, we would also ask:
Who will be my actual coordinator?
How many journeys does that person coordinate at one time?
What happens when my coordinator is unavailable?
Who do I contact in an urgent situation?
Can I speak directly with an agency owner if necessary?
How often should I expect agency communication?
How will I know where we are in the process?
Who communicates with the fertility clinic?
Who manages travel?
Who coordinates with the hospital?
What happens after the baby is born?
How long are records retained?
What happens if the agency is sold during my journey?
What happens if the agency closes?
You are entitled to understand the organization you are entrusting with a major part of your family-building process.
Red Flag #1: The Agency Pressures You to Sign Immediately
Surrogacy is expensive and consequential.
A limited-time sales tactic should not determine which agency you choose.
Be cautious when you hear:
“You have to sign today to get this price.”
“Our waitlist closes tomorrow.”
“We have the perfect surrogate, but only if you send the retainer now.”
An available surrogate may legitimately become unavailable.
But selecting the agency itself should be an informed decision rather than an impulse purchase.
Red Flag #2: The Agency Cannot Clearly Explain Screening
Ask:
“Exactly what has been completed before I receive a surrogate profile?”
If the answer is vague, keep asking.
You should understand whether the candidate has completed:
Medical-record collection or review
Pregnancy-history evaluation
Psychological review
Background screening
Insurance review
Other agency requirements
And you should understand what remains for the IVF clinic to complete after matching.
Red Flag #3: The Agency Holds Your Surrogacy Funds Internally
We strongly prefer independent escrow.
The same company recruiting the surrogate, coordinating your case, collecting its own fees, and deciding when to release surrogate funds has multiple financial roles.
Independent escrow separates those roles.
It also means your surrogate compensation funds are not sitting inside the agency’s operating accounts if the company experiences financial trouble.
Ask this question before signing:
“If your agency closed tomorrow, where would the money intended for my surrogate be?”
The answer should make you comfortable.
Red Flag #4: The Agency Says the Surrogate Will Do Whatever Your Contract Says
Contracts are essential.
So is bodily autonomy.
A surrogate agreement can memorialize expectations and create legal obligations.
It cannot ethically convert the surrogate into property or eliminate her right to make decisions concerning her own medical treatment.
If an agency describes intended parents as having absolute control over pregnancy decisions because “you’re paying for it,” that should concern you.
Red Flag #5: The Agency Discourages Independent Attorneys
Intended parents and surrogates have overlapping interests.
They do not have identical legal interests.
Independent representation protects both sides and reduces later disputes.
An agency should not attempt to save money by eliminating meaningful legal independence.
Red Flag #6: The Agency Guarantees a Perfect Pregnancy
No agency can guarantee:
Implantation
Pregnancy
No miscarriage
No complications
No C-section
Full-term delivery
A completely stress-free journey
An agency can guarantee certain services or contractual commitments.
It cannot guarantee human biology.
Be careful with marketing language that confuses the two.
Red Flag #7: The Agency Will Not Provide References
Ask whether you can speak with former intended parents.
Ask whether you can speak with former surrogates.
Ideally, do both.
Then ask useful questions:
Did payments happen correctly?
How responsive was the agency when something went wrong?
Did you feel prepared for the process?
Were there unexpected costs?
How was conflict handled?
Would you use the agency again?
References are more useful when you ask about problems than when you simply ask whether someone was happy.
Red Flag #8: The Cheapest Agency Cannot Explain What Is Missing
Affordable surrogacy matters.
But compare equivalent services.
A lower agency fee may be genuinely more efficient.
Or it may exclude:
Screening
Psychological services
Insurance review
Legal coordination
Travel coordination
Escrow oversight
Rematching
Hospital coordination
Postpartum support
Ask for the complete service list.
Saving money is valuable.
Discovering halfway through the journey that the service you thought was included costs another $10,000 is not.
Red Flag #9: The Most Expensive Agency Cannot Explain Why
Price alone is not evidence of quality either.
A $60,000 agency fee is not automatically safer than a $40,000 fee.
Ask what the additional money buys.
Does it pay for:
Additional screening?
Insurance?
Legal services?
Escrow?
Rematch protection?
A guarantee program?
Additional support?
Or is it simply higher pricing?
You should understand the value proposition.
Red Flag #10: Everything Sounds Too Easy
A good agency should make the process easier to navigate.
It should not pretend surrogacy itself is easy.
There are:
Medical uncertainties
Human relationships
Legal differences among states
Large financial commitments
Pregnancy risks
Scheduling challenges
Emotional highs and lows
An agency can coordinate these things exceptionally well.
It cannot remove them from reality.
How to Compare Surrogacy Agencies Side by Side
Instead of relying on impressions after several consultation calls, create a simple comparison sheet.
For each agency, record:
Category
What to Compare
History
Year founded; ownership changes
Ownership
Independent, law firm, clinic, private equity
Licensing
Where and by whom
Surrogate screening
What is done before matching
IP screening
Background and psychological requirements
Matching
Who chooses first; compatibility process
Estimated matching
Current realistic range and variables
Rematching
Fees, limits and exceptions
Agency fee
Total fee and payment schedule
Outside costs
Legal, escrow, psych, insurance, etc.
Escrow
Independent or agency-held
Insurance
Who reviews and coordinates
Legal
Independent attorneys for both sides
Coordinator
Caseload, availability and experience
Surrogate autonomy
How medical decision-making is described
Delivery
Hospital and parentage coordination
Postpartum
Support for surrogate after birth
References
IP and surrogate references
Ownership access
Ability to escalate significant concerns
After several agency consultations, those differences become much easier to see.
How Simple Surrogacy Approaches These Questions
We believe intended parents should evaluate us using the same standards.
Established in 2002
Simple Surrogacy has coordinated surrogacy and egg-donation journeys for more than two decades.
Privately and women owned
We are independently owned and operated rather than being owned by a fertility clinic, law firm, or private-equity company.
Firsthand surrogate experience
Many members of our team have personally been surrogates or egg donors.
Licensed in New York
Simple Surrogacy is a New York State Licensed Gestational Surrogacy Organization.
Pre-screening before matching
Surrogate candidates undergo substantial agency pre-screening before being presented to intended parents, followed by final medical screening at the intended parents’ fertility clinic.
The surrogate chooses first
Compatible intended-parent profiles are presented to the surrogate first. If she is interested, her profile is presented to the intended parents.
Both sides must choose the match.
Intended parents are screened too
We require intended-parent background screening and psychological review before matching.
Independent escrow
Surrogate compensation and expense funds are held through independent escrow rather than in Simple Surrogacy’s operating accounts.
Independent legal representation
The intended parents and surrogate have separate legal counsel.
Unlimited rematching under our Journey Guarantee
Our current agency program includes unlimited rematching without an additional standard agency fee, subject to the terms and exceptions of the retainer agreement.
Inclusive family building
We work with heterosexual couples, LGBTQ+ intended parents, single parents, and international intended parents where the legal circumstances permit.
Those are facts you can compare against other agencies.
We still encourage you to ask questions, read the contract, check references, and determine whether our communication style and philosophy fit you.
Frequently Asked Questions About Choosing a Surrogacy Agency
Do I have to use a surrogacy agency?
No. Some intended parents pursue independent surrogacy.
But independent does not mean screening, attorneys, escrow, insurance, medical coordination, and psychological support become unnecessary. It means the intended parents and surrogate must coordinate those components themselves.
Should I choose the agency with the fastest matching time?
Not necessarily. A shorter wait can be valuable, but compatibility and screening are more important than speed alone.
Should I choose the cheapest agency?
Compare total services rather than agency fee alone. A lower fee can be an excellent value if the program is comprehensive; it can also look cheaper because important services are excluded.
Should I choose the biggest surrogacy agency?
Size alone tells you little about quality. Ask about coordinator caseload, owner access, screening, financial safeguards, and how problems are handled.
Should the agency hold escrow funds?
We recommend independent escrow so surrogate compensation and expense funds remain separate from agency operations.
Does the surrogate need her own attorney?
Yes. ASRM recommends separate independent legal counsel for the gestational carrier and intended parents.
Should intended parents be screened?
Yes. Responsible screening should protect the surrogate as well as the intended parents.
Does an agency need to be licensed?
Surrogacy-agency licensing varies by jurisdiction. New York has a formal licensing structure. In states without a comparable agency-license framework, evaluate the agency’s experience, safeguards, financial practices, screening, and legal coordination carefully.
How important are online reviews?
They can be useful, but they should not be your only evidence. Speak directly with previous clients and surrogates when possible.
What happens if my surrogate fails medical screening?
The match cannot proceed to embryo transfer with that surrogate. Your agency should explain its rematching policy before you sign.
Should I ask about agency ownership?
Yes. Understanding whether an agency is independently owned, owned by a clinic or law firm, or backed by private equity can help you understand potential conflicts and incentives.
When should I choose my surrogacy agency?
You can begin interviewing agencies while creating embryos or even while deciding whether surrogacy is your next step. You do not have to know every detail before having consultations.
The Best Surrogacy Agency Is the One You Can Trust When Something Goes Wrong
Agency websites tend to show the happy parts.
The match.
The positive pregnancy test.
The growing belly.
The intended parents holding their baby.
Those moments matter.
But they are not where you learn whether you chose a good agency.
You learn that when:
the first surrogate does not clear medical screening.
The transfer fails.
Someone misunderstands the contract.
An insurance bill appears unexpectedly.
The intended parents and surrogate disagree.
A pregnancy complication occurs.
Labor begins early.
Someone is scared, angry, or overwhelmed.
That is when experience, structure, financial safeguards, relationships, and communication matter.
So when you choose an agency, do not only ask:
“How quickly can you find me a surrogate?”
Ask:
“How will you protect and guide everyone involved from the day we sign until after the baby is born?”
A good agency should have a clear answer.
At Simple Surrogacy, we have been doing this work since 2002. Our team includes women with firsthand experience as surrogates and egg donors, and our program is built around pre-screening, mutual matching, independent legal representation, independent escrow, and ongoing coordination.
But we still believe you should compare us.
Ask us the difficult questions.
Review our fees.
Read the retainer.
Speak with references.
Understand how our matching process works.
Then decide whether we are the right agency for your family.
Choosing your agency should not be a sales decision.
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