Surrogacy Scams and Red Flags: How to Vet Agencies Abroad
Choosing an international surrogacy agency can feel like an enormous leap of trust.
You may be speaking to a friendly representative who answers quickly, shows you photographs of happy families and explains that the agency will “take care of everything.”
They may have themselves had children via surrogacy through that same agency. The program may look professionally organised. The representatives may travel all over the world for in-person client meetings and industry events. The contract may be long. The agency may have positive reviews and several familiar-looking professional partners.
None of those things, on their own, prove that the program is safe.
When intended parents hear the words “surrogacy scam,” they often imagine a completely fake company that collects a deposit and disappears. That can happen, but it is not the only risk.
A surrogacy provider may be a real registered business and still misuse client funds, conceal conflicts of interest, give misleading legal assurances, withhold medical records, exaggerate success rates or place intended parents into an arrangement that cannot establish parentage or citizenship as promised.
The greatest danger is not always an agency that looks obviously fraudulent. It can be a professional-looking program that asks you to trust one organisation with your money, legal information, medical records and relationship with the surrogate.
I am not asking you to assume that every agency is dishonest. Many agencies work responsibly and care deeply about the families and surrogates they support.
I am asking you not to make one company your only source of truth.
The safest approach is to verify each important part of the journey independently, before treatment begins and before a large amount of money is transferred.
What counts as a surrogacy scam?
A surrogacy scam does not have to involve a completely invented organization or clinic.
The term can describe several different forms of misconduct:
Collecting money for services that are never intended to be provided
Using intended parents’ funds for unrelated business expenses
Falsifying payment requests, invoices or signatures
Misrepresenting whether a program is legally available to particular intended parents
Starting a program in one country while knowing it cannot realistically be completed there, then moving the journey to another country midway without a serious reason, such as a genuine change in law or circumstances
Promising guaranteed parentage, citizenship or travel documents
Substituting or mishandling eggs, sperm or embryos
Providing false pregnancy, medical or genetic information
Pressuring intended parents to sign or pay before obtaining independent advice
Not every mistake is fraud. International surrogacy is inherently complex, and unexpected medical, legal or logistical problems can happen even when everyone is acting in good faith.
The difference is whether the provider has described the risks honestly, kept accurate records, protected client funds and created a clear process for dealing with problems when they happen.
Why vetting an overseas surrogacy agency is so difficult
There is no single international licence that confirms an agency is safe to use across different countries.
Surrogacy law remains fragmented. The law that applies to the embryo transfer may be different from the law governing the surrogate’s residence, the child’s birth, the intended parents’ legal parentage and the child’s citizenship.
In March 2026, the Hague Conference on Private International Law decided not to move forward, at this stage, with drafting a global convention on the recognition of legal-parentage judgments. Its work may be revisited, but there is currently no universal system requiring every country to recognise a parentage decision made elsewhere. You can read the latest position through the HCCH Parentage and Surrogacy Project.
You need to know:
In which country is the agency registered?
Where will the embryo transfer happen?
Where will the surrogate live during pregnancy?
Where will the child be born?
Who is considered the legal parent at birth?
What must happen before the child can leave the country?
How will your home country recognise your parentage?
How will the child obtain citizenship and travel documents?
For a broader explanation of how these systems interact, start with my guide to international surrogacy.
What recent surrogacy cases teach intended parents
Recent government actions and court judgments show that the most serious risks are not theoretical.
They demonstrate what can happen when money, legal planning, medical information or contact with the surrogate is controlled by one provider.
An escrow account is not automatically safe
In May 2025, a former owner of three US surrogacy consulting businesses was sentenced to prison after stealing hundreds of thousands of dollars from clients. The court also ordered her to pay $389,142 in restitution.
According to the US Department of Justice, the case involved money intended for surrogacy-related services. Earlier court information described fraudulent requests for payments from escrow, including a request containing a forged client signature.
The full case summary is available from the US Department of Justice.
This case matters because intended parents often hear the word “escrow” and assume that their money is protected.
It may not be protected if:
The escrow provider is owned or controlled by the agency
The provider is not licensed where licensing is required
The agency can request payments without your approval
The fund-management agreement contains vague payment rules
Client money is mixed with operating funds
California provides one useful example of how independent fund management can be structured. Under California Family Code Section 7961, a non-attorney surrogacy facilitator must direct client funds to an independent bonded escrow company or an attorney trust account. The facilitator cannot have a financial interest in the escrow company.
This is not a worldwide standard, but it is a valuable benchmark when you assess a program.
Washington State’s financial regulator has also reminded consumers that businesses providing surrogacy escrow services in Washington must be licensed and that licences can be independently verified.
But it is important to put this into perspective: independent escrow is far from a universal standard in international surrogacy. It is well established in parts of the US, and used by some international agencies, but in many international programs there may be no independent escrow structure at all. Client funds can instead go directly to the agency or be distributed among multiple providers.
In other words, outside regulated escrow environments, there can be very little structural protection between your money and the organisation holding it. That is something intended parents should understand before transferring significant sums.
Agency assurances cannot replace independent legal advice
One of the most dangerous phrases in international surrogacy is: “Do not worry. This is how it is done here.”
In the 2024 English case Re Z (Foreign Surrogacy), intended parents entered a program after receiving assurances about where different parts of the process would take place.
The embryo transfer occurred in Northern Cyprus. The surrogate lived in another country where same-sex surrogacy arrangements were not permitted. The proposed birth location later changed, and the intended parents said they were assured that the agency could assist even though the arrangement was not legal for an LGBTQ+ couple in the proposed birth country.
The judgment also recorded a message advising one intended parent not to mention surrogacy when contacting an embassy. You can read the official Re Z foreign surrogacy judgment.
A surrogacy arrangement can be accepted in the country of birth but still fail to establish parentage or citizenship in your home country.
The UK government’s guidance for intended parents planning international surrogacy advises parents to examine eligibility, enforceability, legal parenthood at birth, nationality, travel documents and the additional steps needed for recognition at home. It also makes clear that a foreign birth certificate does not necessarily determine who is considered a legal parent under UK law.
Every intended parent should receive advice from a lawyer who represents them, not the agency.
Depending on the structure, you may need advice in:
Your home country
The country of embryo transfer
The surrogate’s country of residence
The country of birth
Sometimes two of these will be in the same jurisdiction. Sometimes they will not.
An anonymous surrogate can create serious legal and identity problems
In October 2025, the English Family Court considered a case in which the intended parents had never met the gestational surrogate and had no reliable information about her identity.
The evidence also created uncertainty about which of two possible surrogates had carried the child.
The parental-order application took more than 15 months and required four court hearings. The child experienced immigration complications, while the intended parents experienced significant distress and uncertainty.
The judgment stated clearly that intended parents should avoid arrangements in which they do not meet, know or have a means of contacting the surrogate. Read the official B and C v D and H judgment.
A similar warning appeared earlier in the Re H anonymous-surrogacy judgment, where inadequate information made it difficult to establish who had entered the agreement and who had actually carried the child.
This does not mean you must develop a close personal friendship with your surrogate.
It means there should be traceability and informed consent.
At minimum, you should be able to verify that:
The surrogate is the person named in the agreement
She has agreed voluntarily to the arrangement
She understands the agreement in her own language
She has been medically and psychologically screened
She has an independent way to contact her doctor
You can communicate with her without the agency permanently controlling every message
Her consent and identity can be confirmed after the birth if legally required
Be especially careful when an agency says that anonymity is required by law. Ask for the exact legislation or official rule that creates that requirement and have your own lawyer verify it.
Genetic material and medical records must be independently traceable
Intended parents naturally focus on the agency because it coordinates the journey. But the fertility clinic holds some of the most important information in the entire process.
The US Department of State says it is aware of cases in which fertility clinics intentionally or accidentally substituted donor sperm or eggs for a US parent’s genetic material.
It also warns that some clinics have used fully donated genetic material while providing incorrect guidance about whether the resulting child would obtain US citizenship.
Its official guidance on assisted reproductive technology and surrogacy abroad explains that parents may be asked to provide evidence concerning conception, birth, genetic or gestational relationships, identity, local parentage and previous residence.
A written promise from the agency is not enough to verify whose eggs, sperm or embryos were used.
You should have a direct relationship with the clinic and receive records directly from it.
This should include:
The clinic’s full registered name and address
Signed consent forms
Embryology reports
Embryo identification and grading records
Embryo-transfer reports
Donor records where legally available
Storage records
Embryo or gamete shipment documentation
Written confirmation of the genetic material used
Pregnancy and ultrasound reports
The clinic should also be able to explain its chain-of-custody process. That means how it identifies, labels, stores, transports and documents eggs, sperm and embryos from collection to transfer.
I discuss this issue in more detail in my guide to safeguarding the biological link during surrogacy.
Financial red flags when vetting a surrogacy agency
Financial problems often begin long before money goes missing.
They begin when intended parents are not given enough information to understand who holds their funds and who is allowed to release them.
Payments to personal or unrelated accounts
Do not send money to:
An employee’s personal bank account
The personal account of an agency owner
A coordinator who says they will forward the payment
A company whose name does not appear in your contract
A cryptocurrency wallet
A cash-transfer service without a clear legal reason and written receipt
The company name on the invoice, contract and bank account should be consistent.
When it is not, the agency should provide a clear written explanation that you can verify.
Agency-controlled escrow
Ask the escrow provider directly:
Who owns the company?
Is the agency or any agency employee connected to it?
Is it licensed, bonded or insured?
Where are the funds legally held?
Are client funds segregated?
Who can authorise payments?
Can the agency request a payment without your approval?
Will you receive statements directly?
What happens if the agency closes?
How are unused funds returned?
Do not allow the agency to answer these questions on behalf of the escrow provider.
You are not checking whether the agency says that the account is independent. You are checking whether it is actually independent.
Front-loaded payment schedules
A large deposit is not automatically fraudulent. Agencies may need funds for matching, legal preparation, screening or medical coordination.
However, you should understand why each payment is due at that particular stage.
Be cautious when:
Most of the program cost is due before visiting the clinic to provide your material
A payment becomes non-refundable before the agency performs meaningful work
The payment schedule does not correspond to clear milestones
The refund policy gives the agency complete discretion
The agency can terminate your program while retaining all funds
A safer payment schedule normally connects payments to defined events, such as first visit, matching, embryo transfer, pregnancy confirmation, certain week of pregnancy and birth. Generally, the more payments are spread across the journey, the better protected you are. Large upfront payments leave you carrying more financial risk if the program is delayed, changes direction or cannot be completed as originally promised.
Vague “guaranteed” pricing
“Guaranteed package” is a marketing term, not a legal definition.
Ask the agency to identify everything that is excluded.
Pay particular attention to:
Additional embryo transfers and embryo creation
Rematching
Miscarriage
Stillbirth
Multiple pregnancy
Pregnancy complications
Caesarean delivery
Bed rest
Additional surrogate expenses
Insurance exclusions
Premature birth
Neonatal intensive care
Birth outside the planned hospital or country
Extended accommodation
Translation, apostille and courier fees
Official UK guidance similarly advises intended parents to establish which costs are fixed or variable, what is included, what must be paid separately, what the surrogate receives and what happens after an unsuccessful pregnancy.
For a more detailed interview framework, use my guide to the essential questions to ask a surrogacy agency.
Legal red flags that should never be ignored
The agency’s lawyer is presented as your lawyer
An agency may employ or regularly work with excellent lawyers. That does not necessarily mean those lawyers represent you independently.
Ask:
Who is the lawyer’s client?
Who pays the lawyer?
Does the lawyer advise the agency as well?
Can you speak privately without the agency present?
Will the lawyer provide a written opinion addressed to you?
Can you choose a different lawyer?
You should also have a separate lawyer in your home country review how parentage and citizenship will be established there.
The American Society for Reproductive Medicine recommends independent legal counsel for the participants in a gestational-carrier arrangement and states that a completed written agreement and legal clearance should be in place before medical treatment begins.
The legal explanation changes when you ask for it in writing
Verbal reassurance is easy to give and difficult to rely on later.
Be cautious when you hear:
“This has never been a problem.”
“Our families always get home.”
“The embassy knows us.”
“The law is unclear, but everyone does it.”
“The birth certificate is all you need.”
“You do not need a lawyer yet.”
“We will explain the details after pregnancy.”
Ask for the exact legal pathway in writing.
The explanation should identify the relevant legislation, administrative procedure or court process. Your lawyer should then verify it independently.
The birth country can change without your consent
The proposed birth location is not a minor logistical detail.
A different country may change:
Who is recognised as the legal mother
Whether the surrogate’s spouse is considered a parent
Whether the intended parents can be entered on the birth certificate
Whether surrogacy is lawful for your family type
The child’s citizenship status
The documents needed to leave the country
Your home country’s recognition process
The agency should not have the unilateral right to move the surrogate or change the planned birth country.
Any contingency plan should be reviewed by lawyers in all affected jurisdictions before the arrangement begins.
You can see why this matters in my analysis of what recent High Court cases reveal about international surrogacy agencies.
Medical red flags
You cannot communicate directly with the clinic
An agency can coordinate appointments, but it should not prevent you from confirming information directly with the clinic.
You should be able to speak to an authorised clinic representative about:
Embryo creation
Embryo ownership
Storage
Transport
Donor material
Surrogate screening
Transfer protocols
Pregnancy confirmation
Record access
A statement that “all medical communication must go through us” should be treated seriously.
The clinic must still protect the surrogate’s privacy and medical autonomy. Direct access does not mean that intended parents are entitled to every detail of her medical history.
It means that you should be able to verify the treatment you authorised, the genetic material involved and the records relevant to your embryos and arrangement.
The agency refuses to explain surrogate screening
A responsible program should be able to describe its screening standards without revealing private information unnecessarily.
ASRM recommends medical evaluation, infectious-disease testing, psychosocial assessment, legal counselling and preconception evaluation for gestational carriers. It also recommends separate counselling for intended parents and a joint session to discuss expectations and possible conflicts.
Ask:
Who screened the surrogate?
What qualifications did that person have?
Did the clinic independently approve her?
Was her previous pregnancy history reviewed?
Was she psychologically assessed?
Has she previously undergone embryo transfers or acted as a surrogate for another intended-parent case?
Is the screening still current?
The agency does not need to provide her entire confidential medical file. It should provide reliable confirmation that the required evaluation took place.
How to investigate an overseas surrogacy agency step by step
Step 1: Identify the exact legal business
Ask for:
Full registered company name
Registration number
Registered address
Trading address
Names of directors and owners
Previous company names
Date of incorporation
Professional licences, where applicable
Liability insurance
Countries in which the company operates
Check the information through the official company register in the jurisdiction.
Do not rely on a certificate sent by the agency without verifying it independently.
Also search the names of the owners and directors, not only the brand name. A company can close and reopen under a new name while keeping the same people behind it.
Step 2: Map every provider involved
Ask the agency to identify every separate organisation in your proposed journey:
Surrogacy agency
Local coordinator
Fertility clinic
Egg or sperm bank
Genetic laboratory
Embryo-shipping company
Escrow provider
Intended parents’ lawyer
Surrogate’s lawyer
Immigration lawyer
Maternity hospital
Insurance broker
Step 3: Verify the legal route in every relevant country
Request written legal advice answering:
Are you eligible based on your marital status, age, citizenship, sexual orientation and medical circumstances?
Is the arrangement lawful?
Is the contract enforceable?
Who is considered the legal mother at birth?
Does the surrogate’s spouse have legal status?
Is a genetic connection required?
How are the intended parents recognised?
Will a pre-birth or post-birth court procedure be needed?
What information appears on the birth certificate?
What citizenship will the child have?
How will the child obtain a passport or exit document?
How will parentage be recognised at home?
Is adoption, a parental order or another court process needed?
How long could the intended parents need to remain abroad?
What happens if the law changes during pregnancy?
Do not ask only whether surrogacy is “legal in the country.”
Your exact circumstances matter.
A country may permit surrogacy for married heterosexual couples while excluding single parents or same-sex couples. It may require a medical indication, genetic link, residence period or court approval.
My guide to choosing an international surrogacy destination explains some of the factors that should be compared before you select a country.
Step 4: Verify the complete flow of money
Create a written map showing:
What you pay
When you pay it
Which company receives it
Which funds are refundable
What happens after cancellation, failure or insolvency
Ask for a sample escrow statement and fund-management agreement before paying a program deposit if applicable.
The agency fee and funds reserved for third-party expenses should be clearly distinguished.
Step 5: Verify the clinic independently
Contact the clinic using contact details found through its official website or regulator, not only details supplied in an agency email.
Ask the clinic to confirm:
That it works with the named agency
That it has accepted or is considering your case
Who will provide treatment
Whether the clinic is licensed
Who owns your embryos
How records will be released
What genetic material will be used
Whether donor material is involved
How the surrogate will be medically approved
How many embryos are planned for transfer
What happens if the agency stops operating
Be wary if the agency provides a clinic logo but the clinic will not confirm the relationship.
Step 6: Confirm the surrogate’s identity and independent support
Before embryo transfer, you should be satisfied that:
You have met the surrogate, at least by secure video call
Her identity has been independently verified
She has chosen to participate voluntarily
She understands the agreement
She has been medically cleared
She has received psychological support
She understands compensation and expenses
She knows how to contact you or your representative
There is a plan for communication during pregnancy
There is a plan for consent and documentation after birth
Step 7: Test every “guarantee”
A guaranteed surrogacy program may offer valuable financial predictability. It can also contain exclusions that make the word “guaranteed” much narrower than it first appears.
Ask:
What is actually guaranteed?
Is it pregnancy, live birth or taking a just a fixed number of embryo transfers?
How many embryo transfers are included?
Are additional egg-retrieval cycles included?
Can the agency require a donor change?
Is rematching included?
What happens after miscarriage?
What happens after stillbirth or neonatal loss?
What medical conditions end the guarantee?
Can the agency terminate the program?
Is there a maximum program duration?
What happens if the law changes?
What happens if there are no suitable surrogates in the outlined timeline?
Is there a refund, and how is it calculated?
Do not evaluate a guarantee from the sales page. Evaluate the exclusions, termination rights and refund provisions in the contract.
Step 8: Speak to several previous clients
Ask to speak with:
A family that completed recently
A family from your home country
A family with the same marital or family status
A family that experienced a failed transfer
A family that required rematching
A family that experienced a pregnancy complication
A family that used the same clinic and legal pathway
A reference who experienced a problem may tell you more about the agency than a reference whose journey was straightforward.
Ask how the agency behaved when something did not go according to plan.
Reviews are useful, but they are not due diligence. Reviews cannot replace corporate, legal, medical and financial verification.
Questions every intended parent should ask before signing
You can use this list during agency consultations.
About the company
What is your full registered company name?
Who owns and directs the company?
Have you previously traded under another name?
Which regulator supervises your work?
Can I verify your registration and licences independently?
Do you carry professional liability insurance?
Have you or your directors been involved in litigation, insolvency or regulatory action?
About the legal process
Am I legally eligible for this program?
Which law confirms my eligibility?
Who will be the legal parent at birth?
What is the surrogate’s legal status?
What is her spouse’s legal status?
How will I establish parentage locally?
How will my parentage be recognised at home?
What citizenship will the child have at birth?
What travel document will the child use?
Which lawyer represents me independently?
What happens if the country of birth changes?
About the money
Who holds my money?
Is the escrow provider independent?
Can I verify its ownership and licence?
Can the agency release money without my approval?
Will I receive statements directly?
What is refundable?
What happens to my money if the agency closes?
Which expenses are fixed and which are variable?
About the clinic and embryos
Can I communicate directly with the clinic?
Can I verify the clinic’s licence?
Who owns my embryos?
How will my eggs, sperm or embryos be identified?
Will I receive complete embryology and transfer reports?
How are embryos transported and tracked?
What donor material will be used?
About the surrogate
Will I meet the surrogate before signing?
Can I contact her independently?
Who medically approved her?
Who performed her psychological assessment?
Does she understand the contract language?
How is her compensation protected?
What support does she receive after birth?
Stop immediately when you see these warning signs
Do not transfer more money or authorise treatment until you obtain independent advice when:
You are asked to pay a personal account
The agency will not disclose its registered company name
The agency and escrow company have hidden common ownership
You cannot contact the clinic directly
The clinic will not confirm that it is involved
You are not allowed to meet or identify the surrogate
The agreement will be signed after embryo transfer
You are promised guaranteed legal parentage in every country
You are asked to provide inaccurate information
The birth country is unclear
The agency can change the birth country without your agreement
The contract, invoice and bank account show different company names
The legal advice is only verbal
You are pressured to pay before speaking with your own lawyer
The agency refuses to explain what happens if it closes
Pausing does not mean abandoning your dream.
It means protecting the family you are trying to build.
Warning signs that require further investigation
Some issues are not proof of fraud but still deserve careful checking:
A newly established agency
Very few completed journeys
Large non-refundable deposits
An unusually low price
An unusually high success rate
“Unlimited” transfers without clear conditions
No physical presence in the surrogacy destination
No insurance plan
No insolvency plan
No recent client references
Repetitive or vague online reviews
Frequent changes in coordinators
Delays in providing documents
Pressure created by “limited spaces” or expiring discounts
A small or new agency can still work responsibly. A large and established agency can still fail.
Your decision should be based on evidence, transparency and independent checks, not company size alone.
You do not have to investigate an agency alone
International surrogacy already asks intended parents to absorb an overwhelming amount of information.
You may be comparing countries, agencies, clinics, donors, legal processes, prices and timelines while also carrying years of grief, hope and uncertainty.
That emotional pressure can make a confident sales presentation feel like relief.
But you deserve more than relief. You deserve clarity.
As an independent international surrogacy consultant, my role is not to push you towards one agency or destination. It is to help you slow the decision down, identify what has not been explained and ask the questions that protect your family.
Book a free 30-minute Clarity Call
The Clarity Call is a free discovery session designed to help you understand your options without pressure.
During our conversation, we can look at your current stage, the countries you are considering and any early concerns you have about an agency, clinic or program.
You will leave with:
A clearer understanding of which countries may or may not work for your circumstances
Awareness of common risks and early warning signs
A calmer sense of what to verify before taking the next step
A short written summary covering your current stage, the countries discussed and the key notes from our conversation
There is no sales pitch and no obligation.
The call is particularly helpful for first-time intended parents, overwhelmed researchers and families who have already been confused or disappointed by conflicting information online.
Duration: 30 minutes
Cost: Free
Book your free Clarity Call and find your path without pressure.
This article provides general educational information and does not replace legal, medical, financial or immigration advice. International surrogacy rules can change, and advice should always be obtained from qualified professionals in every relevant jurisdiction.
