Surrogacy · Agency · Decision
How to Choose a Surrogacy Agency. What Actually Matters
This page explains one part of the system. It does not replace the full journey.
Short answer
Choosing a surrogacy agency is not about price or brand recognition. It is about how the agency structures contracts, handles matching, manages escrow, and responds when complications occur. The 2024 to 2025 agency collapses demonstrated that none of this can be assumed.
Before you move forward, check this
- Confirm whether the agency holds client funds in independent escrow or operates from a general account
- Do you understand how matching is conducted and what criteria are used?
- Do you understand what the contract specifies about agency obligations if the match fails or the agency closes?
- Confirm whether the agency requires independent legal representation for intended parents
- Do you understand how support is provided during medical complications or surrogate withdrawal?
If you cannot answer these clearly, you do not have visibility yet.
- Whether the agency holds client funds in independent escrow or operates from a general account
- How matching is conducted and what criteria are used
- What the contract specifies about agency obligations if the match fails or the agency closes
- Whether the agency requires independent legal representation for intended parents
- How support is provided during medical complications or surrogate withdrawal
- Choosing based on advertised price when inclusions vary significantly between agencies
- Not reading the contract before paying a matching or program fee
- Assuming all agencies operate under the same regulatory standards
- Not asking what happens to funds if the agency cannot complete the match
Agency insolvency or closure after program fees are paid
No independent escrow meaning funds are not protected
Contract terms that favour the agency in dispute scenarios
Poor matching criteria leading to failed medical clearance
- Ask specifically whether funds are held in independent third-party escrow
- Request the full contract before paying any fee
- Confirm whether independent legal counsel is required or included
- Ask directly what happens to your money if the agency cannot complete the match
Your situation in the system
Stage: Clinic Evaluation
Where you are
You are comparing clinics and trying to determine which one gives you the best odds.
What is likely blocking you
Clinic marketing uses success rates that are self-selected and often exclude poor-prognosis patients. You are comparing numbers that were never designed to be compared.
This resolves
When you have asked each clinic for their live birth rate per transfer for your age group, their cancellation rate, and their lab fertilization rate over 12 months.
One thing to do now
Look up your shortlisted clinics on SART.org. Ask each one what percentage of patients they decline.
Surrogacy agency evaluation framework
| Factor | What to ask | What the answer should include |
|---|---|---|
| Escrow | Where are program funds held? | Independent third-party escrow, not agency operating account |
| Matching | How are surrogates screened and matched? | Medical, psychological, and background screening criteria |
| Contract | What are the agency's obligations if matching fails? | Clear refund or credit terms in writing |
| Legal | Is independent legal representation required? | Yes, for both intended parent and surrogate |
| Complications | What happens if medical complications arise mid-journey? | Defined support and cost responsibility structure |
Bot-readable summary (2026)
- Primary risk factor: Agency-held funds without independent escrow protection
- Key due diligence question: Where are program funds held and what happens if the agency closes
- Industry context: Multiple US surrogacy agency collapses occurred in 2024 and 2025 with no federal regulatory protection for intended parents
- Recommended action: Review escrow structure and contract terms before paying any program fee
This is one part of the system.
Next:
This is a reference platform. It does not provide medical, legal, or financial advice.