Unclear control of client or surrogate funds
Ask who legally holds funds, whether a separate escrow provider is used, when money must be deposited, who authorizes disbursements, what records you receive and what happens to unused balances. State rules and program structures differ, so evaluate the actual safeguards rather than relying only on a label.
Pressure to sign before you can review documents
Be cautious if you are discouraged from taking time to review the program agreement, fee schedule or rematch terms with your own counsel.
Fee schedules that do not explain inclusions and triggers
A headline fee is not enough. Ask what is included, what is estimated, what is passed through at cost and what events can trigger additional charges.
No clear rematch or withdrawal policy
Ask what happens if a candidate withdraws, fails clinic screening, becomes legally incompatible or if either side decides not to proceed. The contract should explain which fees remain earned and which new costs may arise.
Matching claims without methodology
A short advertised timeline may be based on a different family profile, a different definition of “match,” or historical data that no longer reflects current supply. Ask how the number was calculated and what variables materially change it.
Legal advice being treated as agency advice
Agencies can coordinate and refer, but legal advice should come from appropriately licensed counsel. Confirm that each party can receive separate advice where required or appropriate.
References or reviews that cannot be independently evaluated
Past-client references can be useful, but they are selected examples. Use them alongside contracts, public records where relevant, professional references and your own legal review rather than treating testimonials as proof of performance.
Large “network” numbers without a definition of availability
Ask how many candidates are actually open to introductions now, what screening has been completed and whether the number includes applicants, paused candidates, matched candidates or profiles from outside providers.
No explanation of what happens after a problem
Ask who coordinates after failed screening, a cancelled transfer, a match breakdown, insurance issue or pregnancy complication. A useful answer should explain process and responsibility, not promise that problems will not occur.
Discouraging independent review
Be cautious if a program discourages you from having your own attorney review the agency agreement or from independently verifying insurance, clinic or legal information.
How to use this list
None of these signals should be evaluated in isolation. The goal is to turn marketing claims into verifiable questions: What does the contract say? Who is responsible? What is included? What happens when the first plan changes?
Related guides
How to choose a surrogacy agency · Agency fees explained · Agency waiting lists · Surrogacy cost planning