Protecting Yourself Legally as a Surrogate

Surrogacy is an incredible journey of generosity and connection—but it’s also a legal agreement. For surrogates, having the right protections in place is not just wise, it’s essential. Recent events have shown just how important it is to be cautious and to ensure you have strong safeguards before moving forward.

Two Recent Cases That Underscore the Risks

Unfortunately, there have been two significant disruptions in surrogacy that highlight the importance of legal and ethical protections for surrogates:

The case of triplets left behind
A U.S. surrogate was matched with intended parents from China. Two embryos were transferred, one split, resulting in triplets. One of the babies was born with a heart condition. The intended parents never came to the United States to pick up the children. Left without support, the surrogate has been raising the children herself. Heartbreakingly, one of the babies recently passed away.

A suspected human trafficking scheme
In another case, at least 21 surrogates found themselves unknowingly involved in what may turn out to be a human trafficking operation orchestrated by a Chinese agency and couple. These women were drawn into situations under false pretenses and without the protections that should have been in place.

Both of these cases reveal a devastating truth: without the right protections, surrogates can be left legally, financially, and emotionally vulnerable.

What Surrogates Can Do to Protect Themselves

While these cases are extreme, they are not coincidences. Both involved international intended parents from China. It is important to be clear that not all Chinese parents or families are non-connective or negligent. Many pursue surrogacy with love and good intentions. However, the surrogacy market in China has been plagued with unreliable brokers, unregulated agencies, and unethical players. For this reason, surrogates should be cautious about working with Chinese intended parents who are not already based in North America.

Here are key steps every surrogate should take to safeguard themselves:

1. Ask Your Attorney About Full Representation

Most surrogacy attorneys are only retained to review your contract, help with the pre-birth order, and finalize post-birth parentage. They are not typically available to handle additional issues that may arise during your journey.

• Ask about a retainer: Consider asking your attorney to be on retainer throughout your journey for any unforeseen legal needs.

• Have parents pre-fund legal fees: You can request that intended parents set aside funds with your attorney. If those funds aren’t used, they can be refunded, but they’ll give you peace of mind if something unexpected happens.

2. Use a Reputable Escrow Company

Never accept payments directly from intended parents or agencies. Always use a licensed, independent escrow company.

• The only escrow providers Roots refers to are SeedTrust and Clarity Escrow Services.

• These companies specialize in surrogacy and will ensure payments are held safely and disbursed correctly. They are also licensed, bonded and insured.

3. Work with a Reputable Agency

Your agency is your first line of protection. A good agency will carefully vet intended parents, work with trusted legal counsel, and guide you away from unsafe or unregulated markets.

• At Roots, we rarely accept international cases and do not work within the Chinese surrogacy market because of the high risks involved.

• If you’re working with another agency, ask direct questions: How do they screen intended parents? Do they accept cases from markets with known issues? Do they hold in house escrow? Do all of their Intended Parents work with one attorney (either in house or partnered with only one firm).

4. Look for Agencies That Offer Peer Support Groups

A reputable agency should provide surrogates with opportunities to connect with one another once they’ve been onboarded.

• Having access to a community of women who are also carrying through the agency gives you a support system that understands exactly what you’re going through.

• These groups can also serve as an informal safety net; if something feels “off,” often other surrogates will have noticed similar red flags.

5. Educate Yourself and Ask Questions

Don’t be afraid to ask “what if” questions. What if the parents don’t show up? What if the child is born with health complications? What if payments stop? Having these conversations before you sign a contract is far better than being blindsided during your journey.

Final Thoughts

Becoming a surrogate is an extraordinary act of love, but it should never come at the cost of your security. These recent cases remind us that legal protections are not optional—they are essential. By choosing a reputable agency, securing ongoing legal support, insisting on independent escrow, and surrounding yourself with a community of fellow surrogates, you can give yourself the protection you deserve while still giving the gift of family.