Insights from the Surrogacy Law Experts at Klein Fertility Law
Choosing the right surrogate and surrogacy agency for your family building journey is a delicate, sensitive and difficult decision, which has a significant impact on the IVF process, the surrogacy journey and your future family. There are many great surrogacy programs within the United States to choose from. Your team at Klein Fertility Law can help guide you in identifying a reputable surrogacy agency that best suits your needs and meets your family building goals.
Understanding the Role of Surrogacy Agencies
A good surrogacy agency plays a crucial role in making sure the intended parents and surrogate are a good match—medically, legally, emotionally, and practically. Prior to working with a surrogacy agency, you should make sure they connect you with surrogates that have:
- Approved medical screening which will ensure the surrogate’s physical capability of safely carrying a pregnancy.
- Approved psychological screening which will ensure a surrogate’s mental and emotional readiness to pursue surrogacy.
- Completed a background check that cleared the surrogate of any criminal history.
Matching Intended Parents with Surrogates
Surrogacy agencies typically match surrogates and intended parents based on shared values, beliefs, and expectations around key issues like medical decisions, communication, and involvement during the pregnancy. Financial considerations are also take into account to ensure both parties are aligned. Proximity can be a factor, as some intended parents prefer a surrogate who lives nearby, although many matches are long-distance. Once a potential match is identified by the surrogacy agency, they will typically arrange a match meeting so everyone can get to know each other and confirm mutual comfort and compatibility.
Key Factors to Consider When Choosing a Surrogacy Agency
Being mindful of some key considerations when choosing your surrogacy agency will help create a smooth journey in your family building process. Please consider the following when choosing a surrogacy agency:
- What is the average time-frame for matching you with a surrogate?
- What pre-screening items do you complete prior to matching the surrogate?
- Do they currently have surrogates available that meet your requirements?
- If not, what do they do to recruit surrogates that do meet your requirements?
- In general, how do they recruit surrogates?
- Does the surrogacy agency require payment before they are able to match you with a compatible surrogate?
- What is the detailed breakdown of their fees?
Agency Experience & Reputation
It’s important to work with a surrogacy agency that has a strong reputation and proven experience in this field. Doing your research and consulting with your legal team at Klein Fertility Law can be helpful in guiding you to a surrogacy agency that aligns with your values and protects your interests. Additional questions and considerations when interviewing surrogacy agencies:
- Does your IVF clinic have any experience with the agencies you are interviewing?
- How long has the surrogacy agency been in business and what is their reputation within the industry?
- How many successful surrogacy deliveries has the agency been a part of?
Accreditation and Memberships
Ethically sound surrogacy agencies are often members of professional organizations that establish and promote ethical industry guidelines for surrogacy agencies. If your surrogacy agency belongs to well-respected organizations with high standards, it’s a strong indicator that they are operating with integrity and professionalism.
Legal Savviness
Your team at Klein Fertility Law is a valuable resource when it comes to evaluating and interviewing surrogacy agencies that align with your needs. With over 30 years of experience in this field, we regularly work with a range of reputable surrogacy agencies across the U.S. and can help guide you toward trusted options.
Comprehensive Surrogate Screening and Matching Services
One of the most important responsibilities of a surrogacy agency is to thoroughly evaluate and screen potential surrogates to ensure they are fully prepared—physically, emotionally, and legally—to undertake the surrogacy journey. This vetting process is designed to safeguard the health and well-being of the surrogate and any child(ren) she may become pregnant with.
1. Medical Screening:
Agencies facilitate comprehensive medical evaluations typically conducted by an IVF physician. These medical assessments confirm that the surrogate is in good overall health and has the physical capacity to safely carry a pregnancy to term. The evaluation often includes a review of the surrogate’s medical history, a physical exam, fertility assessments, and screenings for infectious diseases. Only candidates who are medically approved are allowed to proceed.
2. Psychological Evaluation:
Mental and emotional readiness is equally as important when pursuing a surrogacy journey. Surrogacy agencies typically arrange psychological screenings with licensed mental health professionals who assess the surrogate’s emotional stability, motivations, and ability to cope with the demands of the surrogacy process. This step also confirms whether the surrogate has the necessary support system and is emotionally prepared.
3. Background Checks:
A reputable surrogacy agency will conduct comprehensive background checks on all parties. These checks are used to confirm that there’s no history of criminal activity or concerning behavior that might indicate risk. This screening extends beyond criminal records and may also include checks on financial stability, employment history, and lifestyle factors.
In facilitating these extensive evaluations, the surrogacy agencies serve as a vital gatekeeper, ensuring that only qualified, responsible, and emotionally prepared individuals enter into surrogacy arrangements.
Support and Counseling
Support groups provided by the surrogacy agency and mental health check-ins throughout a surrogacy journey play a crucial role by offering emotional guidance, helping surrogates and intended parents navigate complex feelings, stress, and expectations. The ongoing support promotes psychological well-being, healthy communication, and a more positive, balanced experience for everyone.
Transparency and Communication
When working with a surrogacy agency, open and transparent communication is essential to building trust and ensuring a smooth journey. Establishing your communication expectations early on allows the agency to best support your needs—we’ve included a few key questions to help:
- How does the agency facilitate communication between intended parents and surrogates?
- How often and through what means will we be updated on the surrogate's progress?
- What is your policy on communication between surrogates and intended parents?
- How do you handle conflicts or misunderstandings between surrogates and intended parents?
- How do you ensure transparency throughout the surrogacy process?
Financial Considerations When Choosing a Surrogacy Agency
It is important to fully understand the surrogacy agency’s fee structure, how & when it is paid and what services are included in the fee. Some questions and considerations to help you better understand an agency’s fee structure are listed below:
- Does the surrogacy agency require payment before they are able to match you with a compatible surrogate?
- Can the surrogacy agency provide you with a breakdown of their fee to indicate what is included with each payment?
- What happens if the surrogate backs out?
- What is a ballpark figure for the surrogate’s compensation, fees and expenses?
Payment Plans and Financing Options
The surrogacy agency you choose to work with can assist intended parents in offering structured payment plans, helping estimate and organize costs upfront, and connecting intended parents with financing options such as surrogacy loans or grants.
Choosing the Best Surrogacy Agency for You
An assisted reproduction attorney plays a crucial role in simplifying the surrogacy process. They provide expert guidance in drafting legally sound contracts, ensuring that the rights and obligations of all parties involved are clearly defined and protected. Consulting with an attorney that specializes in surrogacy offers invaluable guidance and support that will help build your roadmap to parenthood and will ensure that you understand all legal aspects of surrogacy in the United States. Contacting our legal team at Klein Fertility Law will help you identify and connect with a reputable surrogacy agency that aligns with your values, needs, and overall goals for growing your family.