The red flag checklist
Before you sign with any agency, run through this list. Any single red flag is reason to pause. Two or more is reason to walk away entirely.
1. In-house escrow
What it looks like: The agency says they handle your compensation funds themselves, or they own the escrow company they use.
Why it matters: Escrow exists to protect you. Your compensation should be held by a neutral third party, not the agency that's supposed to be advocating for you. In-house escrow means the agency has financial incentives to delay, withhold, or disburse your funds in ways that benefit them, not you.
What good agencies do: Use independent third-party escrow companies like SeedTrust, Trinity Escrow, or American Surrogacy Escrow.
2. No SEEDS or ASRM membership
What it looks like: The agency's website doesn't mention SEEDS (Society for Ethics in Egg Donation and Surrogacy) or ASRM (American Society for Reproductive Medicine) membership.
Why it matters: These are trade organizations with ethical standards. Membership isn't mandatory, but reputable agencies almost universally belong to one or both. An agency that isn't a member either didn't qualify or didn't bother applying — both are concerning.
3. Vague or hidden compensation
What it looks like: The website says "competitive compensation" without numbers. The recruiter won't share specific base pay until you submit an application. The total package is advertised but individual line items are vague.
Why it matters: Transparent compensation is a basic respect signal. If an agency won't tell you what they pay before you invest time in an application, they're either hiding that they pay below market rate or they're planning to pressure you into accepting something you wouldn't have agreed to upfront.
What good agencies do: Post base pay, monthly allowance, and typical total compensation publicly. Share the full contract template before you apply if asked.
4. No independent legal counsel
What it looks like: The agency offers to use "their attorney" for your legal review. They assign you an attorney from a short list of friends of the agency. They downplay the need for separate legal representation.
Why it matters: Your surrogacy contract is one of the most important documents you'll ever sign. You need an attorney whose loyalty is to you, not the agency. Your attorney should be paid by the intended parents but work for you alone.
What good agencies do: Provide a list of independent attorneys experienced in surrogacy law. You pick. Your attorney has no other business relationship with the agency.
5. Pressure to sign fast
What it looks like: "This match is going fast, you need to decide today." "We have three other surrogates interested in this family." "If you don't sign by Friday, you'll lose the slot."
Why it matters: Legitimate matching doesn't work on a 24-hour timer. Real intended parents know surrogacy is a long commitment and want someone who's thought it through. Artificial urgency is a manipulation tactic used to prevent you from getting outside advice or reviewing the contract carefully.
What good agencies do: Give you time to consult your partner, review the contract with your own attorney, and think it through. Weeks, not hours.
6. Fees or deductions from your compensation
What it looks like: The agency wants an "application fee" from you. They deduct a "processing charge" from your first payment. Your base pay includes a line for the agency's cut.
Why it matters: Reputable surrogacy agencies never charge surrogates. Period. The intended parents pay the agency fee — that's how the agency makes money. If anyone asks you for money or deducts fees from your compensation, they're scamming you.
7. Vague about state law
What it looks like: The recruiter doesn't know whether your state allows pre-birth orders. They tell you "we handle the legal stuff, don't worry about it." They can't explain how parental rights work in your state.
Why it matters: State law matters a lot in surrogacy. Different states have different protections. An agency that doesn't know the legal details for your specific state is either incompetent or trying to hide that the legal framework is weaker than you'd assume.
What good agencies do: Know the legal process for every state they serve. Explain pre-birth orders, post-birth adoption, and parental rights in your specific state.
8. No former surrogates on staff
What it looks like: The agency's team page shows only executives and salespeople. Their "case coordinators" are recent college grads with no surrogacy experience. Their website says "our team" without any detail on who actually talks to surrogates day-to-day.
Why it matters: The best surrogate advocates are former surrogates. They know what the journey actually feels like, they can anticipate your questions, and they tell you the hard truths when you need them. A coordinator who's never been through a surrogacy can read from a script but can't understand what progesterone-in-oil shots actually feel like.
What good agencies do: Have former surrogates in case management, coordination, and leadership roles. Family Makers has all-former-surrogate coordinators. Family Tree, Simple Surrogacy, and NewGen all have former surrogates on staff.
9. Bad or manufactured reviews
What it looks like: The agency has only 5-star reviews, all posted within the same month. Reviews use similar phrasing. The only reviews are on the agency's own website, not third-party platforms. Facebook and OVU.com reviews are mostly negative but the agency's own site says 5 stars.
Why it matters: Manufactured reviews are common in surrogacy agency marketing. Check multiple platforms: Google, Facebook, OVU.com, Surrogacy Advisor, Expecting.ai. Look for reviews that mention specific people, specific timelines, and specific outcomes. Be suspicious of reviews that sound like marketing copy.
What good agencies do: Have reviews across multiple platforms with consistent ratings. Mention real case managers by name. Include specific details about their experience.
10. Unclear failure rates or timeline expectations
What it looks like: "Most of our surrogates match in 30 days!" (lies). "Transfer success rates are very high" (no numbers). "We don't have a failure rate to share."
Why it matters: Real data exists for all of these. Reputable agencies know their matching timelines, transfer success rates, and application approval rates. An agency that can't or won't share these numbers is hiding something.
What good agencies do: Share honest numbers. First-time matching typically takes 1-6 months. First transfer success is 60-70%. Application approval rates are 70-85% after psychological screening. Agencies should know and share their own numbers.
All our partners pass this test
We vet every partner against this red flag list (and more). The four agencies we match surrogates with all clear it.
Get matched with a vetted partner →Questions to ask any agency before signing
Run these questions through any agency you're considering. The answers will tell you whether to proceed:
- What's your base compensation for first-time surrogates in my state?
- What third-party escrow company holds surrogate funds?
- Are you a member of SEEDS or ASRM?
- Can I pick my own attorney from an independent list?
- Who specifically will be my case manager — and can I talk to them before signing?
- What's your typical matching timeline for first-timers in my state?
- What's your first-transfer success rate?
- How is compensation pro-rated if I have a miscarriage?
- What life insurance policy is included?
- Is bed rest explicitly covered in the lost wages section?
- Can I read the full contract template before applying?
- How many of your current staff are former surrogates?
An agency that can't answer all of these clearly — or dodges any of them — isn't ready for your trust.
What to do if you're already mid-process at a bad agency
If you've started with an agency and now see red flags, you have options. You haven't signed a commitment that locks you in until you've signed the formal surrogacy contract with the intended parents. Before that:
- Withdraw your application. You can walk away during screening, matching, or even contract negotiation. No penalty.
- Document everything. Save emails, take notes on phone calls, screenshot any concerning marketing.
- Talk to an independent attorney. Before you sign anything, have a lawyer review the contract. Any agency that resists this is confirming the red flag.
- Report concerning practices. SEEDS and your state's consumer protection office both accept complaints about surrogacy agencies.
The surrogacy industry has some bad actors. Walking away from one agency doesn't mean you can't be a surrogate — it means you need to find a better agency.