How to Vet a Surrogacy Agency: A Complete Guide for Intended Parents
Choosing a surrogacy agency is one of the most consequential decisions you'll make on the path to parenthood. And because surrogacy in the United States is largely unregulated, the gap between a great agency and a harmful one can be enormous—and isn't always obvious from the outside.

We've been doing this since 2015. We've helped build over 500 families, and we've seen what happens when intended parents choose the wrong agency. Financial loss. Failed matches. Legal complications. Emotional devastation. We wrote this guide because you deserve to know exactly what to look for—and what to walk away from—before you sign anything.
This isn't a sales pitch. It's what we'd tell a close friend who was starting this process today.
Why Vetting a Surrogacy Agency Actually Matters
Think of your agency as the project manager of your surrogacy journey. They coordinate your medical team, your attorneys, your surrogate's screening and support, your escrow, your match, and every step in between. When that project manager is experienced, ethical, and organized, your journey moves forward with clarity and confidence. When they're not, you absorb the consequences.
Proper vetting protects your financial investment (surrogacy typically costs between $200,000 and $400,000 all-in), your surrogate's well-being, and ultimately, the child being brought into the world.
Here's what to look for—and how to tell the difference between an agency that says the right things and one that actually does them.
1. Verify That the Agency Is a Legitimate U.S. Business
This sounds basic. It isn't always.
A legitimate surrogacy agency should be:
- Registered as an LLC or Corporation in a U.S. state
- U.S.-owned and U.S.-operated (not just marketed to U.S. clients from overseas)
- Operating with a physical business address
- Publishing clear Terms of Service and a Privacy Policy
You can verify registration through your state's Secretary of State business search tool. If an agency can't be independently confirmed through public records, that's a red flag worth taking seriously.
At Roots: We are a registered U.S. business, founded and operated in California, with a named leadership team and a decade of operating history. We're easy to find, easy to verify, and comfortable being scrutinized.
2. Know Who Is Actually Leading the Agency
Surrogacy is relationship-driven. You're not hiring software—you're hiring people. Ethical agencies are transparent about who those people are.
Look for:
- A named, real leadership team with professional bios
- Actual photographs (not stock photos)
- Surrogacy-specific experience, not just general business or healthcare backgrounds
- Clear accountability—who makes decisions when things get hard?
Agencies that hide behind marketing language without naming real people should concern you. Anonymous leadership is a red flag.
At Roots: Our co-founders are Brooke Kimbrough, a former gestational carrier, and Cassie Wright, a parent through IVF and an Assisted Reproductive Technology attorney. Our team of eight includes women who bring both the surrogate and intended parent perspective to every decision we make. You'll meet Brooke on your very first call.
3. Ask for Proof of Professional Liability Insurance
This is non-negotiable, and most intended parents don't think to ask.
Professional liability insurance—also called Errors & Omissions (E&O) insurance—protects you if the agency makes a mistake that causes harm. Reputable agencies carry it. Less reputable agencies often don't.
Ask for:
- Proof of active professional liability insurance
- The name of the insurance carrier
- Coverage limits
- Confirmation that surrogacy services are specifically covered
An agency that can't or won't provide this is exposing you and your surrogate to unnecessary risk.
4. Understand How the Agency Screens Surrogates—and What "Rigorous" Actually Means
This is one of the most important things you can evaluate. Your surrogate is carrying your child. The screening process should be thorough, documented, and multi-layered—not a quick application and a phone call.
A high-quality surrogate screening process includes:
- Complete medical records review—pregnancy history, delivery history, any complications
- Lab work and health screening—including STI testing and toxicology
- Background investigation—not just a database check, but an actual investigative background check that extends to every adult in the household
- Social media audit—ongoing monitoring across platforms to verify lifestyle alignment and transparency
- Two-part psychological evaluation—a licensed mental health professional interview plus standardized psychological testing
- Education and preparation—ensuring the surrogate genuinely understands the medications, timelines, and emotional realities of the journey before she ever meets a family
At Roots: Our surrogate vetting process takes approximately four months. We partner with only 1% of surrogates who apply. That's not a marketing number—it reflects how seriously we take the process. We use private investigators for background checks, we monitor social media throughout the journey, and every surrogate completes a full psychological evaluation before she's ever introduced to an intended parent. When we present you with a match, you can trust that she has been rigorously evaluated.
5. Evaluate Legal and Financial Safeguards
The financial structure of a surrogacy journey matters as much as the emotional one. Here's what ethical agencies do:
- Independent legal counsel for both parties—your attorney and your surrogate's attorney should be separate people, paid separately
- Independent escrow management—funds should be held by a neutral third party, not the agency itself
- Agency fees kept separate from escrow—you should always know where your money is and who controls it
- Transparent re-match and refund policies—in writing, before you sign anything
An agency that holds client funds directly, discourages you from having your own attorney, or can't explain their escrow setup clearly is a serious concern.
At Roots: We never hold client funds. Escrow is managed independently. We refer intended parents to experienced surrogacy attorneys and encourage you to have your own counsel review every agreement. Our re-match and refund policies are documented and explained before you commit to anything.
6. Ask These Specific Questions—and Pay Attention to How They Answer
A confident, ethical agency will answer these clearly and without hesitation. Vague, evasive, or defensive responses tell you something important.
Ask every agency you're considering:
- How long have you been operating as a surrogacy agency?
- How many babies have been born through your program?
- How many active journeys do you manage at one time, and what's your case manager-to-client ratio?
- What is your average match timeline?
- What is your re-match rate, and what typically causes re-matches?
- Who will be my primary point of contact throughout the journey?
- How do you handle conflicts or unexpected complications?
- Can I speak with intended parents and surrogates who have worked with you?
At Roots: We've been operating since 2015. We've helped create over 500 families. We limit caseloads intentionally so every family gets real attention—not a case number. Our average match timelines range from 2–16 months depending on the plan you choose. We'll answer every one of these questions on your first call, and we'll back them up with specifics.
7. Ask About Match Timelines and Understand What Drives Them
There is a genuine surrogate shortage in the United States. Every ethical agency has a waitlist. If an agency tells you they can match you in two weeks with no premium plan, ask more questions.
Match timelines vary based on how an agency manages their surrogate pipeline, their vetting standards, and the plan structure they offer. At Roots, we're transparent about this:
Plan
Agency Fee
Estimated Match Time
Estimated Total Cost
Harmony
$50,000
12–16 months
~$200,000
Premium Connection
$72,000
~9 months
~$225,000
Executive Bliss
$150,000
3–4 months
~$300,000
Total Assurance™
$400,000 (all-inclusive)
2–4 months
$400,000
The Harmony, Premium Connection, and Executive Bliss plans represent agency fees only. Your total cost will also include surrogate compensation, legal fees, escrow management, clinic fees, insurance, medications, and related expenses.
The Total Assurance Program™ is our only all-inclusive plan. It covers surrogate base compensation up to $80,000, unlimited embryo transfers, unlimited rematches with no additional agency fees, up to $75,000 in surrogate IVF clinical costs, OB care and hospital delivery, maternal insurance, attorney fees, escrow coordination, and executive-level case management from match through birth. If no pregnancy is achieved and you choose to cancel your contract with Roots, a $100,000 refund is applied.
No plan—at Roots or anywhere—can guarantee pregnancy or live birth. Any agency that tells you otherwise is misleading you.
8. Request References and Independent Validation
A trustworthy agency welcomes verification. Ask to speak with:
- Intended parents who have completed journeys with the agency
- Surrogates who have worked with them
- Fertility clinics or reproductive attorneys who know the agency's work
Ethical agencies don't just tolerate these conversations—they encourage them.
9. Know the Red Flags That Should End the Conversation
Walk away from any agency that:
- Guarantees pregnancy or live birth—no one can promise this
- Pressures you to sign quickly—urgency tactics are manipulation
- Cannot provide proof of professional liability insurance
- Has anonymous or unverifiable leadership
- Holds client funds directly instead of using independent escrow
- Discourages you from having your own attorney
- Dismisses surrogate mental health or ethical concerns
- Offers unrealistically fast timelines without a premium plan structure
These aren't minor concerns. They're indicators of systemic problems.
10. What Ethical Agencies Actually Do
Here's what separates a high-quality agency from a mediocre one. Great agencies:
- Educate before they sell
- Encourage you to ask hard questions
- Provide written policies and documentation for everything
- Advocate equally for surrogates and intended parents
- Welcome scrutiny and independent verification
- Are comfortable telling you when something isn't right—even when it's inconvenient for them
We say this often at Roots: we are not the right agency for everyone, and that's intentional. We'd rather refer you to someone who's a better fit than push a journey that isn't aligned. That's what it means to put relationships before revenue.
The Bottom Line: Choose a Partner, Not a Vendor
The right surrogacy agency will never rush you, obscure information, or make you feel like a transaction. They'll act as educators, advocates, and partners—from your first conversation through the day you bring your baby home.
We've been walking this path with families since 2015. We know what good looks like, we know what the risks are, and we know how to protect you from them. Whether you choose Roots or another agency, we want you to make this decision with your eyes open and your questions answered.
If you're ready to talk through the process, ask the hard questions, and get a straight answer about whether Roots is the right fit for your family, we'd love to connect.
No pressure. No pitch. Just an honest conversation about your path to parenthood.