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How to Verify a Surrogacy or IVF Agency: A Checklist

Before signing with any surrogacy or IVF agency, use this practical checklist to check credentials, finances, contracts and legal standing.

· 19 September 2026

Why verification matters before you commit

Choosing an agency to coordinate your surrogacy or IVF programme is one of the most consequential decisions you will make in the entire process. Agencies vary enormously in their experience, financial transparency, regulatory compliance and ethical standards. Some operate with genuine rigour; others are under-resourced, poorly governed or, in rare cases, fraudulent. Once you have signed a contract and transferred funds, your options narrow considerably. Thorough verification before that point is therefore not a bureaucratic exercise — it is an essential safeguard.

This checklist is structured to move from the most foundational checks through to the finer details of contracts and communication. Work through it systematically, and document what you find at each stage.

Step 1: Confirm legal registration and regulatory status

Every legitimate agency should be able to demonstrate that it is properly constituted as a legal entity in its country of operation. Ask for the company registration number and verify it directly against the relevant companies register — most jurisdictions publish these records online and they are publicly searchable.

Beyond corporate registration, check whether the agency or the clinics it works with hold any specific fertility-sector licences. As of writing, regulatory frameworks differ significantly by country: some jurisdictions licence agencies directly, others regulate only the clinics, and a small number have no dedicated oversight at all. Confirming the applicable framework with local legal counsel is advisable before drawing any conclusions.

If the agency operates across multiple countries — for example, coordinating a programme in one destination while being headquartered in another — ask how it is registered in each relevant jurisdiction. An agency that cannot answer this question clearly warrants caution.

For a country-by-country overview of regulatory environments, see our destinations guide.

Step 2: Check professional memberships and accreditations

Membership of a recognised professional body does not by itself guarantee quality, but it does indicate that an agency has chosen to subject itself to a code of conduct and, in some cases, a complaints mechanism. Relevant bodies to look for may include fertility law associations, surrogacy practice groups or cross-border reproductive care networks.

When an agency cites a membership or accreditation, verify it independently. Go directly to the relevant organisation's website and confirm the agency appears on its current member list. Do not rely solely on logos displayed on the agency's own website.

Step 3: Scrutinise financial arrangements

Financial opacity is one of the most reliable warning signs in this sector. A reputable agency should be able to give you a clear, itemised breakdown of all costs before you sign anything. Typical programme fees — covering coordination, legal support, translation and case management — can range considerably depending on the destination and complexity of the arrangement. Our costs and fees guide outlines the broad components you should expect to see.

  • Ask whether funds are held in a dedicated client account, separate from the agency's operational accounts.
  • Confirm what happens to your funds if the programme does not proceed, or if the agency ceases trading.
  • Request the names of any third-party escrow or trust services used, and verify those services independently.
  • Be cautious of agencies that request large lump-sum payments far in advance of services being rendered.
  • Ask whether the agency carries professional indemnity insurance or equivalent cover.

If you are uncertain how fees should be structured, a conversation with an independent specialist in cross-border reproductive arrangements can help you benchmark what you are being quoted.

Step 4: Review the agency's contracts carefully

Do not sign any document — including a memorandum of understanding or a letter of engagement — without having it reviewed by a lawyer who is independent of the agency. An agency that discourages you from seeking independent legal review, or that applies time pressure to prevent you from doing so, is behaving improperly.

When reviewing contracts, look for the following:

  1. A clear statement of the services the agency will and will not provide.
  2. Explicit terms governing what happens if a surrogate withdraws, if a clinical cycle fails, or if legal complications arise.
  3. Transparency about which professionals — lawyers, clinicians, psychologists — are employed by the agency and which are independent third parties.
  4. A clear dispute resolution clause, specifying which jurisdiction's law governs the agreement.
  5. Terms that do not purport to limit your rights in ways that may be unenforceable in your home country.

As of writing, the legal enforceability of surrogacy-related contracts varies substantially between jurisdictions, and some clauses that appear standard may carry different weight depending on where you are domiciled. Always confirm the position with counsel in both the destination country and your country of residence.

For a broader explanation of how arrangements are typically structured, visit our how it works page.

Step 5: Assess the agency's clinical network

Agencies do not generally provide clinical services directly; they coordinate between intended parents and fertility clinics, medical specialists and other healthcare professionals. It is therefore important to understand exactly which clinics an agency works with and on what basis.

Ask the agency directly: do they have exclusive referral agreements with clinics, and if so, are they receiving referral fees? This is not necessarily improper, but it should be disclosed transparently so that you can weigh whether the clinical recommendation you receive is genuinely in your interest.

Request the names of the clinics proposed for your programme. Research them independently. Look for evidence of regulatory oversight in their own jurisdiction, clinical governance policies, and — where available — published outcome data. Be aware that outcome statistics can be presented in ways that are difficult to interpret without specialist knowledge, and that no clinic or agency can guarantee a specific clinical result.

Step 6: Speak to independent references

A well-established agency should be willing to provide references from intended parents who have completed programmes. When you speak to those references, ask open questions rather than simply seeking confirmation of a positive experience. Useful questions include: how were difficulties handled, what surprised you about the process, and what would you do differently?

Also seek out references the agency has not selected. Online forums, peer support groups and independent communities for intended parents can provide candid accounts that agency-curated references may not. Treat all individual accounts with appropriate caution — both unduly positive and unduly negative — but look for consistent patterns across multiple sources.

Step 7: Evaluate communication and transparency

How an agency behaves during the verification and enquiry phase is often an accurate indicator of how it will behave once you are a client. Note whether responses to your questions are prompt, direct and complete. Note whether the agency volunteers information you did not think to ask for, or whether it answers only narrowly. An agency that handles difficult questions — about failure rates, legal complications or financial disputes — with candour and composure is exhibiting the kind of professionalism you want on your side during a challenging process.

If at any point you feel that your questions are being deflected, that pressure is being applied to sign quickly, or that the agency is reluctant to put commitments in writing, treat those signals seriously.

Bringing it all together

Verification is not a single conversation — it is a structured process that takes time and, in some cases, professional support. If you are uncertain where to begin or how to interpret what you find, our frequently asked questions address many of the most common concerns raised by intended parents at this stage.

The effort invested in due diligence before signing is invariably less than the effort required to resolve problems that could have been identified and avoided earlier.

This article is provided for general informational purposes only and does not constitute legal, medical or financial advice. You should seek independent professional advice appropriate to your personal circumstances before making any decisions relating to surrogacy, IVF or related arrangements.

Further reading

Not medical or legal advice
This article describes how programmes are structured. Eligibility and recognition depend on your country of residence — confirm your route with local counsel.