One of the most common questions surrogates have is who to pick as their surrogacy agency. The agency you choose will be with you throughout your journey, from the point of matching with intended parents, through post-delivery and making sure your bills are paid for. Picking the right surrogacy agency is very important, but there are so many agencies and if you’re a qualified surrogate they will be doing their best pitch to have you join them. How do you tell them apart?
Here are three factors you should consider.
Agency Longevity and Reputation
The length of time a surrogacy agency has been in business tells you a lot about their experience and stability. Agencies that have been around for many years have likely navigated almost any imaginable surrogacy situations and will have a track record of successful journeys. When researching a surrogacy agency, look for those with a proven history of having years of experience in the surrogacy industry. When considering newer agencies, you will want to look at the experience and background of the owners and their managers. Were they previously owners, directors or case managers at successful surrogacy agencies?
Reviews and reputation are also important. Look beyond the testimonials and reviews on their website and seek out independent reviews from past surrogates. Note that most agencies provide referral fees for surrogates, so take unsolicited agency recommendations with a grain of salt. Is the person who is referring to an agency just out to get a referral fee? Some recruiters have no experience with the agency they are recruiting for. And just because someone has multiple recommendations, is that just a sign that the agency is larger or has more recruiters? If they are getting a referral fee, should they disclose it and split with you?
Google and other online reviews can be revealing. An agency with consistently positive reviews from surrogates is a good sign, but be aware that reviews can be faked or bought outright, so pay attention to detail in reviews regarding communication, support, and overall experience, and consider contacting the reviewer or asking for references.
Signs that An Agency Is Ethical and Will Support You
Ethical, supportive surrogacy agencies prioritize the wellbeing of surrogates and maintain high professional standards. Key markers of an agency that will support you and be ethical include:
Membership or leadership in professional organizations like SEEDS (Society for Ethics in Egg Donation and Surrogacy).
Transparency about who owns or runs the agency.
Screens their intended parents’ with criminal background checks and psychological consultations.
Offers monthly support groups and psychological counseling throughout pregnancy and postpartum
Has a track record of continuing support to ensure your medical bills and expenses will be paid for after the journey is over.
Surrogate support goes beyond just medical coordination. The best agencies provide comprehensive support that includes mental health resources, postpartum care, and ongoing communication. It may include flexibility to include special requests like a doula or midwife. They should have dedicated support staff who understand the unique emotional and physical challenges of surrogacy.
While all agencies should have stories of their successful journeys, one thing that can differentiate agencies is their approach to problems along the way. You should want to know what would happen if intended parents disappear or stop funding the journey, or if you have a late lien or medical bill that is left unpaid? Or what if there were problems with the escrow company? What if your intended parents are rude or micromanaging? What is their approach? Have they handled or do they have a plan for these possible scenarios?
Autonomy in contracting, decision making, and compensation
Autonomy is critical in any surrogacy journey, and a good agency will give you autonomy and respect. They should never pressure you into medical procedures such as risky multiple embryo transfers or lifestyle choices that make you uncomfortable.
The benefit package structure should be transparent, with compensation, additional allowances, and payment schedules clearly spelled out and better yet, they allow you to choose your compensation, even if they do suggest what their experience is with the market.
You should always have the right to choose your own attorney, and the agency should support your choice of independent legal representation in your state. Your attorney should represent only your interests and not be beholden to the agency or the intended parents. The agency should also not pressure you during the legal phase to accept the contract or withdraw your redline changes.
Lastly, your agency should not require you to sign a non-compete or exclusivity agreement, or an agreement that prohibits you from speaking about your experiences with the agency, or that makes you financially liable for costs if you need to withdraw from the process. These agreements are meant to lock you in with an agency, when the agency has to build a relationship of trust. You cannot be bound to agreements to not work with the agency on a subsequent journey or be liable for breaking that.
Conclusion
Choosing the right surrogacy agency is a deeply personal decision. Take your time, do your research, and ask plenty of questions. At Tsong Law Group, we specialize in surrogacy law and representation. We work in a collaborative fashion, and can schedule a review for a surrogacy contract right away, with times convenient to you. With over 110 five star reviews, Super Lawyer distinction, and thirty years of experience, our attorneys can review your agreements, explain your rights, and ensure you're protected throughout your surrogacy journey. We're committed to supporting surrogates and intended parents with compassionate, expert legal guidance.
Disclaimer: This article provides general information and should not be considered legal advice. Laws regarding surrogacy vary by state and change over time. Please consult with a qualified surrogacy attorney for advice specific to your situation.
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