Questions to Ask a Surrogacy Agency Before You Sign
Most intended parents research agencies by reading their websites. The problem is that agency websites are written by agencies.
These questions come from the other side of that conversation — from intended parents who have been through the process, and from the patterns that consistently separate agencies that serve families well from those that don't.
Good agencies expect these questions and welcome them. An agency that can't answer them clearly is telling you something.
How to use this list
These questions apply whether you are pursuing surrogacy in Texas, California, Mexico, or elsewhere. Some questions include Texas-specific notes where the legal context makes them especially important. You do not need to ask every question in one call — but you should have clear answers to all of them before you sign anything.
LGBTQ+ Experience
1. How many LGBTQ+ families did you work with in the last 12 months — and can you break that down by family structure?
Note: "We welcome all families" is not an answer. You want a number and a track record, not a policy statement.
2. Can you connect us with an LGBTQ+ family you have worked with who had a situation similar to ours?
Note: Agencies with genuine experience have families willing to speak to it. If they hesitate, ask why.
3. Have you successfully completed surrogacy journeys for unmarried intended parents or single intended parents in Texas?
Note: Texas surrogacy statutes are written around married intended parents. Experience with unmarried families in Texas specifically requires navigating a different legal path.
Legal Coordination
4. Which attorneys do you work with, and do they have specific experience with LGBTQ+ surrogacy cases in the county where we will likely file?
Note: In Texas, county matters. An attorney experienced in Travis County (Austin) operates in a meaningfully different environment than one filing in a rural county for the first time.
5. Can you walk us through your standard timeline from gestational agreement signing to court validation?
Note (Texas-specific): The gestational agreement must be signed at least 14 days before embryo transfer under Texas Family Code. If an agency cannot explain how they manage this timeline, that is a procedural risk.
6. If our surrogate is married, how do you confirm her spouse has been fully briefed on the relinquishment requirement — and do you verify this before matching?
Note (Texas-specific): Under Texas law, a married surrogate's spouse must formally relinquish parental rights. This is one of the most common legal tripwires in Texas surrogacy.
Surrogate Matching and Screening
7. What is your current average time-to-match in Texas — and what typically makes it longer?
Note: Average time-to-match varies significantly by agency and changes with market conditions. An honest answer includes the range, not just the best case.
8. What does your surrogate screening process include — and what is the minimum a surrogate candidate must meet before you present her to intended parents?
Note: Low surrogate compensation can reduce the pool of qualified candidates. Ask specifically about prior pregnancy history, psychological evaluation, and medical screening standards.
9. If a conflict arises between us and our surrogate mid-journey — not about the baby's health, but about the relationship — what is your documented process for managing that?
Note: An agency with no conflict protocol has no mechanism for protecting you when things get difficult.
Financial Structure
10. Is your fee structure fixed or pay-as-you-go — and what does that mean for us if something goes wrong?
Note: Fixed-fee agencies absorb more risk. Pay-as-you-go agencies bill per event. Neither is inherently better, but you need to understand which model you are in before you commit.
11. If a rematch is needed — including situations outside our control like the surrogate withdrawing — what fees do we pay again and what fees do we not?
Note: Rematch fee clauses vary widely. Some agencies distinguish between surrogate-initiated and IP-initiated rematch; others do not. Read this clause carefully.
12. What happens financially if the first embryo transfer fails? Is a second transfer covered, and what additional costs should we budget for?
Note: Most journeys include at least one failed transfer. Budget for it before you start, not after.
13. Do you use independent third-party escrow, or do you hold funds in-house?
Note: Independent bonded escrow is the protective standard. Agency in-house escrow means the same organization managing your case also controls your money. Ask for the name of the escrow provider and confirm they are independent.
Surrogate Insurance
14. How do you review the surrogate's health insurance before matching — and what happens if her insurance excludes surrogacy or contains lien language?
Note: Surrogate insurance is the most unpredictable cost variable in a surrogacy journey. Some insurance policies allow the insurer to recover claims paid from the surrogate's compensation after birth — sometimes 30-100% of claims. This lien language is common and frequently missed.
15. Does your standard insurance review check specifically for lien language?
Note: A yes answer should be followed by: "Can you show me what that review looks like?"
Transparency and Fit
16. What would make you tell us we are not ready yet?
Note: This is the most revealing question on the list. Agencies that care about outcomes have a real answer. Agencies focused on onboarding do not.
17. What is your process if we are unhappy with how our case is being managed — and who do we escalate to?
Note: You want a named process and a named person, not a general assurance.
18. Can you give us an itemized cost estimate — not a range, but a line-item breakdown including what is and is not included?
Note: Headline quotes frequently exclude egg donor costs, IVF medications, surrogate insurance, failed transfer costs, and post-birth legal proceedings. An agency that cannot produce an itemized estimate is asking you to commit without full information.
Before you sign
A note on red flags
Good agencies expect these questions and welcome them. If an agency becomes defensive, vague, or pressures you to move forward before you have answers — that is the answer. Pressure to sign or pay a deposit before your questions are answered is the single most consistent warning sign experienced intended parents describe.
Not sure which of these questions matter most for your situation?
The questions above apply across jurisdictions. But which ones are most urgent depends on your family structure, legal situation, and where you are in the process.
This page reflects patterns reported by intended parents and reproductive attorneys. It is not legal or financial advice. Always consult a licensed attorney before signing any surrogacy agreement. Last updated: 2026.