How to Vet a Surrogacy Agency: A Complete Guide for Intended Parents
Choosing a surrogacy agency is one of the most important—and most misunderstood—decisions intended parents will make. Because surrogacy in the United States is largely unregulated, the quality, ethics, and professionalism of agencies can vary dramatically.
This guide is written to help intended parents understand how to properly vet a surrogacy agency, what questions to ask, what red flags to avoid, and what best practices truly ethical agencies follow. It reflects industry standards, clinical expectations, and real-world experience from professionals who work in surrogacy every day.
Why Vetting a Surrogacy Agency Matters
A surrogacy agency plays a central role in coordinating medical care, legal protections, financial safeguards, and emotional support for both intended parents and surrogates. When agencies lack transparency, experience, or ethical standards, families can face serious risks—financial loss, failed matches, legal complications, or emotional harm. Agencies are the project manager in surrogacy and their role is crucial in eliminating risks and ensuring timely and safe journeys.
Proper vetting protects:
Intended parents and their investment
Surrogates and their well-being
The child being brought into the world
1. Verify Legal Status and U.S. Operations
A legitimate surrogacy agency should be a registered U.S. business entity and operate primarily within the United States.
What to Look For
Registration as an LLC or Corporation in a U.S. state
U.S.-owned and U.S.-operated (not merely marketed to U.S. clients)
A physical business address
Clearly stated Terms of Service and Privacy Policy
If an agency cannot be independently verified through state business records, intended parents should proceed with caution.
2. Review Leadership Transparency and Experience
Surrogacy is not a commodity—it is a highly specialized, relationship-driven process. Ethical agencies are transparent about who leads them.
Best Practices
An About Us page with named founders and leadership
Professional bios detailing surrogacy-specific experience
Real photographs of team members
Clear accountability for decision-making
Agencies that conceal leadership identities or rely solely on marketing language without substance should raise concern.
3. Confirm Professional Liability Insurance
Professional liability (Errors & Omissions) insurance is a non-negotiable requirement for any reputable surrogacy agency.
Intended Parents Should Ask For
Proof of active professional liability insurance
Name of the insurance carrier
Coverage limits
Confirmation that surrogacy services are covered
An agency unwilling to provide proof of insurance exposes parents and surrogates to unnecessary risk.
4. Understand Surrogate Screening and Support Standards
High-quality agencies implement rigorous screening and ongoing support for surrogates.
Key Screening Areas
Comprehensive medical records review
Psychological evaluation by licensed professionals
Criminal and background checks
Insurance eligibility review
Ongoing Support Should Include
Dedicated case management
Mental health resources throughout the journey
Clear advocacy protocols
Crisis Management and dispute resolution
Strong agencies prioritize surrogate care as essential to successful outcomes.
5. Evaluate Legal and Financial Safeguards
Ethical surrogacy requires clear legal separation and financial protection for all parties.
Industry Best Practices
Independent legal counsel for intended parents and surrogates
Independent escrow management
Agency fees kept separate from escrow funds
Transparent re-match and refund policies
Agencies should never discourage independent legal advice or hold client funds directly.
6. Ask These Essential Questions
Reputable agencies should confidently and clearly answer the following:
How long have you been operating as a surrogacy agency?
How many babies have been born through your program?
How many active journeys do you manage at one time?
What is your average match timeline?
What is your re-match rate and why do re-matches occur?
Who will be my primary point of contact?
How are conflicts or unexpected challenges handled?
Inconsistent or evasive answers are meaningful warning signs.
7. Request References and Independent Validation
Transparency includes willingness to be verified.
Intended Parents Should Be Able to Speak With
Parents who have completed journeys
Surrogates who have worked with the agency
Fertility clinics or attorneys familiar with the agency
Ethical agencies welcome these conversations.
8. Recognize Major Red Flags
The following are serious concerns:
Guarantees of pregnancy or live birth
Unrealistic timelines or success rates
Pressure to sign quickly
Lack of insurance documentation
Anonymous leadership
Agency-controlled client funds
Dismissal of mental health or ethical concerns
These issues often indicate systemic problems.
9. What Ethical Surrogacy Agencies Do Well
High-quality agencies consistently:
Educate before selling services
Encourage informed questions
Provide written policies and documentation
Operate with transparency
Advocate equally for surrogates and intended parents
Welcome scrutiny and due diligence
Final Thoughts: Choosing the Right Surrogacy Partner
The right surrogacy agency will never rush you, obscure information, or discourage questions. Instead, they will act as educators, advocates, and long-term partners throughout your journey.
At Roots Surrogacy, we believe ethical surrogacy starts with education, transparency, and accountability. Our role is to empower families with accurate information so they can make confident, informed decisions—whether they choose to work with us or not.
If you are researching surrogacy and want to speak with experienced professionals who meet the standards outlined above, we are always happy to answer questions.
If you are an Intended Parent and would like to book a call to learn more, feel free to do so HERE!