Comparison

Questions to Ask a Surrogacy Agency Before You Sign Anything

Questions to ask a surrogacy agency about screening, matching, legal support, escrow, pay if a transfer fails, and how it handles hard situations.

Published October 19, 2026 Updated October 19, 2026 US AI-assisted, human reviewed

United States-only: Surrogacy requirements, compensation and law vary by state, clinic and program. This page is general information, not medical or legal advice, and not an offer of compensation.

Before you sign with a surrogacy agency, ask six things. How is it structured? How does it screen you and the intended parents? How does matching work, and can you say no? Who is your attorney, and who pays them? How, when and from where is your compensation paid? What happens when something goes wrong? The answers matter. How each agency gives them matters just as much.

At this stage you are evaluating agencies. They are not evaluating you yet. You may be researching privately, before you have told a partner or family. You may be talking to two or three agencies at once. That is normal, and comparing several is a sensible way to see what a well-run programme looks like.

Surrogate Compass is an independent platform for women considering gestational surrogacy in the United States. We explain eligibility, compensation, the process and how to choose a programme, and we connect candidates with agencies. We are not an agency. We do not screen, match, contract with or pay surrogates. Surrogate Compass may be compensated by partner agencies. That is why this page gives you a method you can apply to any agency and does not rank any of them.

Why the Questions You Ask Matter as Much as the Answers

Agencies vary widely. Some are small teams that handle almost everything themselves. Others are large operations that outsource case management, psychological screening, escrow or legal work. Two agencies can both call themselves "full-service" and mean quite different things.

Marketing pages rarely show these differences. Direct questions do. A surrogacy arrangement commonly runs 12 to 18 months from application through delivery and recovery. An agency that answers clearly in an early call is showing you how it is likely to communicate later, when a transfer fails or a payment is late.

Use the questions below as a framework, not a test with right answers. Some agencies will answer one area better than another. The goal is to see which programme fits your situation, your priorities and your home state. For a broader view of programme models, see our guide on choosing a surrogacy agency.

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Deciding whether to become a surrogate is a big decision, and you do not have to make it on your own. Call or send us a message, and we will listen and help you understand what the process involves.

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Common questions

Frequently asked questions

Is it a red flag if an agency won't answer questions about compensation directly?

It is a signal worth taking seriously. Agencies that work with surrogates regularly can usually state a specific base range, a payment schedule, the escrow holder and an itemised list of allowances. Evasion sounds like "it depends, we'll discuss after you apply" or "our surrogates are very happy." That may reflect inexperience or a non-standard structure. Ask again, in writing.

Do I need my own attorney, or does the agency provide one?

You need an attorney who represents only you. An agency may refer you to one, but that attorney works for you, not for the agency. In many arrangements the intended parents cover the surrogate's legal fees, so ask whether that applies and whether there is a cap. Surrogacy law varies by state, so an attorney who knows your home state matters.

What is the difference between a full-service agency and a matching-only agency?

A full-service agency usually coordinates screening, case management, escrow, legal steps and support through delivery. A matching-only agency introduces you to intended parents and then steps back. With a matching-only model, you may handle more of the coordination yourself or rely on separate professionals when problems come up.

Can I decline a match I'm not comfortable with?

Many agencies let you decline, but how often and under what conditions differs. Ask whether declining affects your place in line or anything else, and get the policy in writing before you sign.

What happens to my compensation if there is a miscarriage or failed transfer?

Your contract sets this out, and it varies by agency. Ask what you are paid at each stage, from screening and medication start through transfer, confirmed pregnancy and each trimester. Then ask what happens if the pregnancy ends at each of those points.

How do I know if an agency is reputable?

Look at several factors together, because no single credential settles it. Useful signs include years in operation, membership in a professional organisation such as SEEDS, references from surrogates who completed a pregnancy, a transparent pay and escrow structure, and independent legal representation for surrogates.

Does the agency's location matter if I live somewhere else?

Its experience with your state matters more than where its office is. Parentage procedures differ by state. California's pre-birth process, for example, is not the same as the process elsewhere. Ask whether the agency has worked with surrogates and attorneys in your state.

Sources Show citations

Citations linked to free, stable, primary sources: reproductive medicine practice guidance, federal health data, peer-reviewed literature, and the relevant state's own statutes. Requirements and law vary by state, clinic and program, so a source is dated wherever the underlying guidance carries a date.

seedsethics.org →

www.seedsethics.org

Last reviewed October 19, 2026.

Not medical or legal advice. This page is general education for women considering becoming a gestational surrogate. Surrogate Compass is not a surrogacy agency, a fertility clinic, a medical provider or a law firm. Eligibility criteria, compensation and surrogacy law vary by state, clinic and program, and every candidate is reviewed individually. Nothing here is an offer, a guarantee of acceptance, or a guarantee of any compensation amount.

AI assistance disclosure: Drafted with AI assistance and reviewed before publication.

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See If You Qualify

A 2-3 minute preliminary check against the requirements most programs start with.

See If You Qualify A 2-3 minute preliminary check against the requirements most programs start with. Apply to Be a Surrogate A complete application lets our team review your history properly. Explore Compensation How surrogate packages are structured, and what changes the number.

Common questions

Frequently Asked Questions

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Who can become a surrogate?

Programmes generally look for someone who has had at least one healthy pregnancy and delivery, is raising a child of her own, is in good general health, and lives in a state where compensated surrogacy is permitted. Every programme sets its own criteria.

Do I need to have had a child before?

Almost always, yes. A prior pregnancy and delivery is the clearest evidence a clinic has, and most programmes also ask that you are currently raising that child.

Is there an age limit?

Programmes and clinics each set their own range, and the upper end varies more than the lower. Your general health and pregnancy history matter alongside the number.

Who decides if I qualify?

Final eligibility is determined by the agency, and by medical, psychological, legal and other required screening. Surrogate Compass is not an agency and does not make that decision.

How long does the process take?

From first enquiry to delivery usually spans more than a year, and the stages that depend on matching and medical clearance are the least predictable.

“Surrogate Compass made the entire process feel clear and supportive.”

Their team was incredibly kind, responsive and informative. I always felt like my questions were answered and I was in good hands.

Jessica M.Former Surrogate