7 Red Flags in Surrogacy Agencies to Avoid Legal Problems

Why Choosing the Wrong Agency Creates Massive Headaches

So you’ve decided to pursue surrogacy. That’s huge. And probably one of the first things you’ll do is start researching agencies. Here’s the thing — not all surrogacy agencies operate the same way. Some cut corners. Others skip legal steps that protect you down the road.

And when things go wrong? You’re left scrambling to fix problems that should’ve been prevented from the start. Working with a Surrogacy Attorney in Tustin CA before signing anything can save you from these nightmares. But first, you need to know what to watch for.

I’ve seen intended parents get burned by agencies that seemed professional on the surface. The contracts looked fine. The staff was friendly. But underneath? Major gaps that caused legal chaos later. Let’s talk about the warning signs you can’t afford to ignore.

Red Flag #1: They Downplay the Need for Independent Legal Counsel

This one’s a biggie. Any agency that suggests you don’t really need your own attorney — or that their in-house lawyer can handle everything — is waving a massive red flag.

Here’s why this matters. The agency’s lawyer works for the agency. Their job is protecting the agency’s interests. Not yours. Not the surrogate’s. The agency’s.

According to surrogacy law principles, all parties in a surrogacy arrangement should have independent legal representation. This ensures everyone’s rights get protected and nobody feels pressured into terms they don’t fully understand.

When an agency pushes back on independent attorneys, ask yourself: what are they trying to hide?

Red Flag #2: Vague or Missing Contract Templates

You ask to see a sample contract. They hesitate. Or they show you something that’s weirdly short and missing obvious sections.

Solid surrogacy contracts cover a ton of ground:

• Compensation breakdowns and payment schedules
• Medical decision authority during pregnancy
• What happens if complications arise
• Termination clauses and circumstances
• Parental rights establishment procedures
• Insurance requirements and gaps

If their contracts seem thin or they can’t explain specific provisions clearly, that’s a problem. The Best Surrogacy Attorney in Tustin CA would catch these gaps immediately during review.

Red Flag #3: Inadequate Surrogate Screening Processes

Good agencies screen surrogates thoroughly. Medical history. Psychological evaluations. Background checks. Financial stability assessments. Previous pregnancy outcomes.

Bad agencies? They rush through screening to match you faster. Speed might feel good in the moment, but it creates risks.

What happens when a surrogate has undisclosed health conditions? Or financial pressures that make her vulnerable to poor decisions? Or a history that raises legal complications?

You need to ask specifically about their screening protocol. Get it in writing. If they’re evasive or the process sounds minimal, walk away.

Red Flag #4: Pressure to Sign Quickly

Legitimate agencies understand that surrogacy is a massive commitment. They give you time. They encourage questions. They want you to feel confident, not rushed.

Agencies that push for quick signatures? They’re prioritizing their timeline over your protection. Maybe they need the fees. Maybe they know their contracts won’t survive careful scrutiny. Either way, pressure tactics are never okay.

Take your time. Review everything with a Surrogacy Attorney in Tustin CA before committing to anything. Any agency that can’t handle that isn’t worth your trust.

Red Flag #5: No Clear Escrow Procedures

Money in surrogacy arrangements can get complicated fast. There are base compensation amounts, monthly allowances, medical expense reimbursements, and milestone payments. That’s a lot of cash flowing around.

Reputable agencies use independent escrow accounts managed by third parties. This protects everyone. The surrogate knows funds are actually available. Intended parents know money only gets released for legitimate expenses.

Agencies that handle money internally — or have unclear procedures about who controls funds — create financial vulnerability. I’ve heard of situations where agency financial troubles led to surrogates not getting paid. Nightmare scenario.

For additional information on protecting yourself in legal agreements, always research escrow requirements thoroughly.

Red Flag #6: They Discourage Direct Communication

Some agencies want to control all communication between intended parents and surrogates. And sure, there are valid reasons for some structure early on. But agencies that actively prevent relationship building? That’s concerning.

Healthy surrogacy arrangements usually involve some direct relationship. You’ll be trusting this person with something incredibly precious. Complete communication barriers make it harder to build that trust.

Plus, controlling communication can mask problems. If the surrogate has concerns, she should be able to voice them. If you have questions about her health or wellbeing, you should be able to ask. Excessive gatekeeping often hides things agencies don’t want you to know.

Red Flag #7: Poor Track Record or Missing References

Ask for references. Talk to previous clients. Look for reviews online. Check court records if you’re really thorough.

Agencies with solid track records are happy to share success stories and connect you with families they’ve helped. Agencies with problems? They’ll make excuses about privacy or confidentiality.

Now, privacy does matter in surrogacy. But there are ways to provide references while protecting identities. If an agency can’t or won’t do this, consider why that might be. The Best Surrogacy Attorney in Tustin CA can often help you research agency reputations and uncover issues that aren’t publicly visible.

What Happens When Agencies Cut Corners

Maybe you’re thinking these issues seem manageable. Like you can handle small problems as they come up. But here’s the reality — small agency problems become big legal problems.

Incomplete contracts lead to disputes about who owes what. Poor screening leads to medical complications nobody planned for. Missing escrow protections lead to financial losses. Communication barriers lead to misunderstandings that damage relationships.

And when things go wrong in surrogacy, fixing them gets expensive and emotionally draining. You’re dealing with pregnancy complications while fighting about contract terms. That’s not the experience anyone wants.

Frequently Asked Questions

Can I use the same attorney as my surrogacy agency recommends?

Honestly, no. You need independent legal representation. Agency-recommended attorneys may have conflicts of interest that prevent them from fully advocating for your position.

How much should a good surrogacy agency charge?

Fees vary widely, but extremely low fees often indicate cut corners somewhere. Get detailed breakdowns of what services are included and compare across multiple agencies before deciding.

What questions should I ask during agency interviews?

Ask about screening protocols, contract review processes, escrow procedures, communication policies, and their relationship with legal counsel. Request references and don’t be shy about following up with those families.

How long should I take to review surrogacy contracts?

Take whatever time you need. Rushing contract review creates problems later. Most attorneys recommend at least two weeks for thorough review and revisions.

What if an agency refuses to let me have my own attorney review documents?

Walk away immediately. This is a dealbreaker. Any legitimate agency welcomes independent legal review because it protects everyone involved in the arrangement.

Starting your surrogacy journey means making decisions that affect your entire family’s future. Don’t let a problematic agency create obstacles that proper vetting could have prevented. Take your time, ask hard questions, and work with qualified legal counsel from day one.