Map the parties and the documents

Before you sign, list who is involved and which document each party signs. A clear map shows where your own advice is missing.

The documents

The site's guide names these documents. Ask the agency which ones apply to your program:

• The agency services agreement.
• The intended parent agreement with the agency.
• The escrow agreement.
• The gestational carrier agreement, which is the contract with the surrogate.
• Insurance authorisations.

Ask to read each one in full before you commit. Ask for the templates first, then your own version.

Who explains them to you

Have your own lawyer explain each document. Do not rely on a summary from the agency. The site's cost guide says that both parties need independent counsel. Ask who pays for the surrogate's lawyer, and ask how the agency keeps the two lawyers independent.

Topics for your lawyer

The site's guide lists topics to take to your lawyer. They include decisions during the pregnancy, the payment schedule and what triggers each payment, which expenses are reimbursed, insurance duties, how disputes are settled, the governing law and the place of any court case, privacy and social media, and contact after the birth. Your lawyer explains what each clause means where you live.

Look for the agency's own interests

Ask these questions:

• May I choose my own lawyer, or must I use the agency's lawyer?
• May I choose my own fertility clinic?
• Does the agency have special rates or packages with any clinic?
• Does the agency own, or share income with, the escrow holder?

An agency may have good reasons for its answers. You need to know them, so you can weigh them.

Sources

• Surrogacy Agencies, guide: How to vet a surrogacy agency (updated 2026-11-01)
• Surrogacy Agencies, guide: Questions to ask a surrogacy agency (updated 2026-11-01)
• Surrogacy Agencies, guide: What surrogacy costs in the US (updated 2026-11-01)

This course is general information, not medical, legal or financial advice.