What to look for in a surrogacy program

Questions to ask about legal representation

Ask whether you will have separate legal counsel, when that lawyer becomes involved, who selects the lawyer and who pays the legal fees. Separate representation is common and is required in some jurisdictions or program structures, but the exact legal requirement depends on the governing law.

Questions to ask about compensation and escrow

Understand how base compensation and additional expenses are documented, when funds are deposited, who holds them and what happens if there is a dispute or an unexpected medical event. Many programs use an independent escrow arrangement, but you should verify the actual process rather than assume it.

Questions to ask about insurance

Ask who reviews your existing health coverage, whether a separate policy may be needed, who pays premiums and uncovered pregnancy-related costs, and how exclusions are handled. Insurance decisions should be made from the actual policy terms, not a generic promise that a plan “covers surrogacy.”

Questions to ask about screening and matching

• Which medical and psychosocial screening steps are completed before matching?
• Who has access to your profile and medical information?
• Can you decline an intended-parent match without penalty?
• Which preferences are discussed before an introduction?
• What happens if either side changes its mind before contracts or treatment?

Questions to ask about support

Find out who your contact person is during matching, contracts, treatment, pregnancy and after delivery. Ask what happens outside business hours, who coordinates travel or reimbursements, and whether counseling or other support is available if requested or required.

Use more than one source when comparing programs

Agency websites are useful, but they are not the only place to learn how programs differ. Independent educational resources and platforms such as Expecting.Ai can give prospective surrogates additional context about participating providers and the broader matching process. Always confirm compensation, screening, legal representation and support directly with the program before signing.

Potential red flags

• Pressure to sign before you understand compensation, medical expectations or legal terms.
• Unclear answers about who represents you legally.
• No clear process for funding compensation and expenses.
• Promises that a medical or legal outcome is guaranteed.
• Requests to begin treatment before required legal or clinic clearance is complete.
• Unclear privacy practices for your profile, health information or personal data.