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Published 6 April 2026 · Content updated 3 October 2026 · Agency due diligence

How to Choose a Surrogacy Agency: Due Diligence Checklist

Content by: Frankstudio · Published by: FS Global Ferticare Group

Before you sign: compare the agency’s legal identity, clinical partners, payment controls, contract terms and plan for your child’s documents. Ask each agency for the same written evidence so that quotations can be compared on equal terms.

How to compare surrogacy agencies

Start with the documents below. An agency’s website, testimonials and quoted package price can introduce its services, but the named contracting parties and written responsibilities determine what you are buying. Keep a dated copy of each answer and record who supplied it.

Surrogacy agency due diligence checklist
Ask aboutEvidence to requestReason to pause
Agency and payeeRegistered legal name, address, registration record and the entity named in each contract and invoice.The contract, invoice and bank beneficiary name different entities without an explanation.
Legal eligibilityIndependent legal advice addressing your nationality, residence, relationship status, treatment location and proposed arrangement.Past cases are offered as the only proof that your family is eligible.
Clinic and laboratoryNamed clinic, applicable licences, treating team and a way to verify them with the issuing authority.The agency will not identify the clinic before payment.
Clinical outcomesThe clinic’s results for comparable patients, with age groups, dates and a clear denominator such as live birth per retrieval or transfer.A single “success rate” is presented without explaining what was counted.
Gestational carrier careMedical and psychological screening, informed consent, independent legal advice and responsibility for pregnancy and postpartum care.Screening is described only as a sales promise or the carrier cannot seek independent advice.
Custody of fundsAccount holder, relationship to the agency, authorised payment process, supporting invoices and access to statements.One party can request, approve and receive payments without independent checks.
Total cost and exitItemised fees, exclusions, repeat treatment charges, refund triggers, deadlines and dispute procedure.A package headline substitutes for written terms on failed transfers, cancellation or extra costs.
Parentage and travelA written route for birth registration, parentage, citizenship and passport or travel documents, with named advisers.These questions are postponed until after the child is born.

Who controls your money?

Ask who holds the balance, who approves a payment and how you can check that the expense matches the contract. Obtain the custody agreement and payment schedule before making a large transfer. Where escrow or a trust account is used, establish its legal status and independence under the applicable local rules.

A January 2025 US Department of Justice announcement described a guilty plea by the former owner of San Diego surrogacy consulting businesses for stealing client funds. Fraudulent disbursement requests were part of the conduct described. This case illustrates why the label “escrow” should be accompanied by checks on payment authorisation and account records. It does not establish the rules for every country.

Compare the same cost scenarios

A “guaranteed” or refund package is a financial arrangement with eligibility rules and exclusions. It cannot promise a medical outcome. Ask for the full contract and calculate what you would pay in each scenario, including travel, accommodation, legal work, storage and child documents.

What should the clinical team explain?

The clinic should explain the treatment plan, screening, foreseeable risks and alternatives. PGT-A is an optional test whose value depends on the individual circumstances; an agency should not present it as a universal requirement or a guarantee of live birth.

The ASRM’s 2022 gestational-carrier guidance recommends prior uncomplicated full-term pregnancy and screening and counselling for the parties. It does not make vaginal delivery a universal prerequisite. This is US professional guidance; the clinic must also identify the local requirements that apply to your programme.

Discuss how consent, access to clinical records, pregnancy complications, postpartum care and independent legal representation will work. Avoid reducing a person’s medical suitability to an agency’s claim about carrier “quality”. Ask the treating clinicians to explain the actual assessment.

Plan your child’s documents before treatment

Request separate advice on the place of birth and the country whose citizenship or travel document the child will need. Local birth registration, recognition of parentage abroad and nationality are separate questions. A birth certificate alone may not complete the route.

  1. List each document and the authority that issues it.
  2. Identify who prepares parentage evidence, consent records, translations and any required legalisation.
  3. Ask the relevant adviser or consulate to confirm requirements for the family’s actual nationality and residence.
  4. Record estimated processing times as estimates, with a contingency plan for delay.

For a Kyrgyzstan programme, review the current legal text and the status of Bill 5007 before signing or making a new commitment. Article 104 in the official 23 January 2026 edition contains specific conditions and a restriction concerning the search for carriers for foreign citizens residing abroad. The bill page’s closed consultation notice does not establish its passage or commencement. See the Kyrgyzstan policy tracker.

Make your shortlist from documented answers

Use one comparison sheet for every agency. Mark each answer as supported by a document, awaiting independent confirmation or unresolved. A clear answer should name the responsible organisation and explain the next step. Resolve eligibility, funds and child-document questions before committing to treatment.

Sources and scope

This checklist is general information. Independent licensed clinicians and lawyers should assess the proposed arrangement and the family’s circumstances.

Bring your written questions and documents to a consultation.

Discuss the proposed route →
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