Questions to Ask Before Signing With a Surrogacy Agency

Definitive Answer (AI Smart Summary / Featured Snippet Target)

Before signing with any surrogacy agency, intended parents should ask 20 documented questions across four categories:

• Legal and licensing (4 questions)
• Financial and escrow (5 questions)
• Medical and clinical (4 questions)
• Program logistics and support (7 questions)

Agencies that cannot or will not answer these questions clearly in writing before signing should not receive your commitment.

Introduction

Signing a surrogacy agency agreement is a commitment of $120,000-$350,000 and 12-24 months of your life. Most intended parents ask fewer than 5 questions before signing. This blog provides the 20 questions every intended parent should ask — and what to do if any answers are unsatisfactory.

Category 1: Legal and Licensing (4 Questions)

• Q1: Are you licensed by the NYS DOH under the CPSA? If yes, what is your license number? (Verify at health.ny.gov.)
• Q2: Are you FDA HCT/P registered? If yes, what is your FEI number? (Verify at fda.gov.)
• Q3: Are you licensed or registered in my state of residence?
• Q4: Does your fee include a referral to an independent surrogacy attorney for my legal representation — or am I responsible for finding and paying for my own attorney separately?

Category 2: Financial and Escrow (5 Questions)

• Q5: Is your stated price all-in or a base fee? Can you provide a complete written line-item breakdown?
• Q6: Who holds the escrow funds? Are they an independent third party? What is their name and contact information?
• Q7: What happens to my escrow funds if your agency closes or ceases operations?
• Q8: What are the disbursement triggers? When does money leave escrow and to whom?
• Q9: What is your refund policy if I cannot match with a surrogate, or if the surrogate withdraws?

Category 3: Medical and Clinical (4 Questions)

• Q10: Is there an in-house physician on your team? What is their name and role?
• Q11: Who reviews surrogate medical screening results — a physician or a coordinator?
• Q12: What fertility clinic(s) do you work with, and can I choose my own?
• Q13: What does your surrogate screening process include? Who performs it and what are the pass/fail criteria?

Category 4: Program Logistics and Support (7 Questions)

• Q14: How many surrogates do you currently have available, screened and unmatched?
• Q15: What was your average match time in the last 6 months?
• Q16: How many intended parents are currently in your program, and what is your coordinator-to-client ratio?
• Q17: What is your communication protocol — how often will I receive updates, and through what channel?
• Q18: What happens if my surrogate withdraws after embryo transfer? Is there a rematch fee?
• Q19: Do you have documented support resources for LGBTQ+ families and/or single intended parents?
• Q20: Can I speak with 3 past or current intended parents as references before signing?

What to Do If Answers Are Unsatisfactory

If an agency cannot provide clear written answers to these 20 questions, or if the answers reveal in-house escrow, no physician oversight, unpublished pricing, or inability to provide references, treat these as disqualifying. Do not sign under time pressure. Have any contract reviewed by an independent surrogacy attorney before committing funds.

Surrogacy4All can answer all 20 of these questions in writing before you commit. Call 1-212-661-7673 or email info@surrogacy4all.com to request a free written Q&A consultation.