Thinking about becoming a surrogate but wondering if you really need an agency? Many women ask if they can go through the surrogacy journey independently without the structure and support of an agency.
The short answer? Yes, it’s possible. But it’s not always simple. Surrogacy is a complex process involving legal agreements, medical procedures, financial planning, and emotional challenges. Without an agency, everything falls on you and the intended parents.
So, how does independent surrogacy really work? Is it the right path for you? Let’s break it down.
Is It Legally Possible to Be a Surrogate Without an Agency?
Do Any States Require an Agency?
Surrogacy laws in the U.S. vary by state, and they can be complicated. Some states fully support surrogacy, while others restrict or even ban it. Currently, no state explicitly requires surrogates to work with an agency, but that doesn’t mean independent surrogacy is always a good idea.
In states like California, surrogacy laws are well-defined, and independent surrogates can manage the process legally if they take all necessary precautions. However, even in these states where surrogacy is legal, a well-drafted legal contract is essential. In contrast, states like Louisiana and Michigan do not recognize surrogacy contracts at all, making it almost impossible to proceed without significant legal risks. In New York, compensated surrogacy was legalized in 2021, but strict regulations require careful compliance.
Legal Challenges for Independent Surrogates
The biggest legal challenge for independent surrogates is ensuring the contract is valid and enforceable. Even in surrogacy-friendly states, working without an agency means taking full responsibility for hiring an experienced surrogacy attorney to draft and review the agreement. This contract must outline parental rights, compensation, medical coverage, and every possible contingency. Without a legally sound contract, both surrogates and intended parents risk major complications.
A Quick Guide to Surrogacy Laws by State
Surrogacy laws vary widely, making it essential for surrogates to understand their state’s regulations.
- Surrogacy-friendly states (California, Illinois, Connecticut, Colorado, Nevada, New Jersey) have clear legal frameworks that recognize surrogacy agreements and provide protections for both surrogates and intended parents.
- States with restrictions (New York, Washington, Virginia) allow surrogacy but have detailed requirements for contracts and compensation.
- States where surrogacy is risky (Louisiana, Nebraska, Michigan) do not fully recognize surrogacy contracts, making it difficult to enforce agreements legally.
If you are considering independent surrogacy, working with an experienced attorney in your state is non-negotiable.
How Does Independent Surrogacy Work in Practice?
Finding Intended Parents Without an Agency
Independent surrogacy, also called “private surrogacy,” means that the surrogate and intended parents handle the entire process without the oversight of an agency. The first step is finding a match. Unlike agency surrogates, who are carefully paired with intended parents through a screening process, independent surrogates must find their own match through online forums, social media groups, or personal connections. Some women already know intended parents, perhaps a friend or relative looking for a surrogate, and feel comfortable proceeding without an agency. Others connect with families through online communities.
Once a match is made, both parties need to set expectations early. Without an agency acting as a mediator, discussions about compensation, medical costs, and emotional boundaries must happen directly between the surrogate and intended parents. This can be challenging, as differences in expectations often arise.
Handling Legal Agreements Independently
Legal protection is critical in surrogacy. Without an agency, you’ll need a surrogacy attorney to draft and review the contract. This document must cover everything from medical expenses and compensation to the surrogate’s rights and responsibilities during pregnancy.
What Must Be Included in a Surrogacy Contract?
Since independent surrogates do not have an agency guiding them, their contract must cover every possible scenario. Here are some key legal clauses that should be included:
- Parental Rights and Pre-Birth Orders: Some states allow intended parents to be declared the legal parents before birth through a pre-birth order. In other states, intended parents must go through an adoption process after the baby is born. The contract must specify who will have parental rights at each stage.
- Termination Process and Medical Decisions: The contract must clearly state who has the final say if medical complications arise. What happens if there is a serious fetal abnormality? Can the intended parents request a termination, or is the surrogate allowed to refuse?
- Medical Insurance and Financial Coverage: Many surrogacy-friendly insurance plans do not cover surrogacy-related pregnancy costs. If a surrogate needs emergency medical treatment, who pays for additional medical expenses?
- Bed Rest and Lost Wages: If the surrogate is put on bed rest and cannot work, the contract should define how lost wages will be compensated.
- Delivery and Post-Birth Expectations: Will the intended parents be present in the delivery room? Will the surrogate have time with the baby before the handover?
Without an agency to oversee these details, it is essential that independent surrogates work with an experienced surrogacy attorney who understands all possible risks and ensures that the contract is solid.
The Financial Realities of Independent Surrogacy
What Does Surrogacy Cost Without an Agency?
In an agency-assisted surrogacy, intended parents typically pay between $120,000 and $180,000, covering the surrogate’s compensation, medical costs, legal fees, and agency services. In an independent arrangement, parents can save around $20,000 to $40,000 by avoiding agency fees, but they must still cover essential costs.
A surrogate in an independent agreement can expect to receive compensation ranging from $35,000 to $60,000, depending on experience, state laws, and medical requirements. Additional costs include legal fees ($5,000 to $10,000), medical insurance ($10,000 to $30,000 if not covered by the surrogate’s existing plan), and medical screenings ($3,000 to $7,000).
Payment Risks Without an Agency
One major challenge in independent surrogacy is ensuring financial security. In agency-assisted surrogacy, payments are typically managed through escrow accounts, ensuring surrogates receive compensation as outlined in their contracts. Without an agency, surrogates must rely on intended parents to handle payments directly, which can sometimes lead to delays, disputes, or even non-payment.
To reduce financial risks, independent surrogates should insist on working with an escrow service rather than relying on direct payments. This provides a layer of financial protection and ensures that payments are made on time.
Health Insurance Considerations
Medical insurance can be a significant expense in independent surrogacy. Many health insurance policies do not cover surrogacy-related pregnancy costs, requiring intended parents to purchase separate coverage. Without an agency managing this, surrogates must carefully review insurance policies to ensure they are fully covered before proceeding.
Independent Surrogacy vs. Working with an Agency: A Comparison
Legal Protection
With an agency, all legal agreements are handled professionally, ensuring that state laws are followed and that both the surrogate and intended parents are protected. Independent surrogates, on the other hand, must take full responsibility for legal compliance and hire their own attorney to draft an enforceable contract.
Matching Process and Screening
The matching process is paramount. Agencies carefully screen intended parents and surrogates, ensuring compatibility and preventing potential conflicts. Independent surrogates must rely on their own judgment to determine whether intended parents are a good match, increasing the risk of misaligned expectations or disputes.
Medical and Financial Coordination
With an agency, all medical arrangements, including screenings,in vitro fertilization (IVF) process, and prenatal care, are coordinated efficiently. Agencies also manage compensation through escrow accounts, ensuring that surrogates are paid on time and fairly. In independent surrogacy, these responsibilities fall entirely on the surrogate and intended parents, which can lead to stress and financial uncertainty.
Choose Surrogacy by Faith
While independent surrogacy is possible, most surrogates choose to work with an agency because it provides structure, security, and peace of mind. Surrogacy by Faith offers a faith-based, ethical approach to surrogacy, ensuring that every surrogate and intended parent is fully supported throughout the journey. The agency focuses on respect, care, and ethical practices to make sure both surrogates and intended parents have a positive experience.
For intended parents considering surrogacy, the best way to start the journey is by exploring the intended parent application process. Women interested in becoming surrogates can learn more about the steps involved by reviewing the surrogate mother application process.