Selecting a surrogacy agency is one of the most important decisions for intended parents and prospective surrogates. The right agency can provide guidance, support, and resources throughout the journey, helping ensure a positive and successful experience for everyone involved.
Below, Dorota Gasienica-Kozak, Esq., Chair of KingSpry’s Adoption and ART Practice, highlights nine essential factors to consider when choosing a surrogacy agency.
1. Reputation & Experience
An agency’s reputation and experience are critical indicators of reliability and professionalism. Agencies with a solid track record are more likely to provide consistent support throughout the surrogacy process. Prospective surrogates and intended parents should research testimonials, case histories, and online reviews to assess the agency’s reputation and longevity in the field.
2. Scope of Services and Defined Roles
Surrogacy agencies vary widely in both the range of services they offer and the responsibilities they assume. Some agencies focus solely on matching, while others provide comprehensive support throughout the journey, including case management, education, and emotional guidance. It is important to understand precisely what services the agency will provide beyond matching, as well as your own obligations as an intended parent or surrogate. Clearly defined services and roles promote transparency, foster trust, and help minimize misunderstandings, ensuring all parties feel informed, supported, and confident throughout the surrogacy process.
3. Screening Process
A thorough screening process is essential to ensure that matches are well-suited for one another. Effective agencies carefully evaluate both intended parents and surrogates, considering medical, psychological, and logistical factors. Comprehensive screening promotes safety, preparedness, and peace of mind for all involved.
4. Flexibility
Surrogacy is a highly personalized experience. Consider whether the agency can accommodate individual preferences and circumstances, both during the pregnancy and throughout the broader surrogacy process. Flexibility ensures that each journey can be tailored to meet unique needs.
5. Relationship Building
Surrogacy is deeply personal and requires collaboration and trust among all parties. Agencies that prioritize nurturing relationships between surrogates and intended parents contribute to a more supportive and positive experience for everyone.
6. Communication
Open, timely, and transparent communication is vital. A responsive agency keeps clients informed, answers questions thoughtfully, and demonstrates organization and professionalism. Effective communication helps prevent misunderstandings and fosters confidence in the process.
7. Financial Transparency
Surrogacy involves significant financial considerations. Look for an agency that provides clear, upfront information about costs and payment procedures. Transparency around finances protects all parties and helps intended parents and surrogates plan responsibly.
8. Escrow Management
A third-party escrow account provides an independent mechanism to manage payments safely and according to the contract. Agencies that use in-house escrow systems carry additional risk of mismanagement. Working with a reputable third-party escrow service ensures proper handling of funds throughout the surrogacy process.
9. Legal Compliance
Finally, ensure that the agency adheres to applicable state and federal laws. Legal compliance is often indicative of ethical standards and a commitment to protecting the rights of both surrogates and intended parents. Agencies that prioritize legal compliance help safeguard all parties throughout the journey.
At KingSpry, we recognize that starting a family is one of life’s most meaningful decisions. Whether through adoption or assisted reproductive technologies—such as artificial insemination, IVF, egg donation, sperm donation, or surrogacy—our experienced team is here to guide and support you every step of the way.
heARTbeat is a publication of KingSpry’s Adoption and Assisted Reproductive Technology Law Group. These articles are intended for informational purposes only and do not constitute legal advice. For personalized guidance regarding ART or choosing a surrogacy agency, KingSpry’s ART Law Group Chair, Dorota Gasienica-Kozak, Esq., is available to assist.
Dorota Gasienica-Kozak is a Fellow of the Academy of Adoption and Assisted Reproduction Attorneys (AAAA), a member of the American Society of Reproductive Medicine (ASRM), SEEDS, and RESOLVE: The National Infertility Association, and serves on committees of the American Bar Association’s Family and ART Law Sections.
