Surrogacy can be complex and no two journeys are the same. Between the location of the intended parents and where you live, whether the parents are using an egg or sperm donor, multiple third-party professionals to juggle (lawyers, doctors, insurance agents, etc.) and laws that vary by state, the process can certainly get a bit confusing! One important decision potential surrogates must make early on is whether to navigate the journey solo via an independent surrogacy or with the help of a surrogacy agency. To assist with this choice, let’s explore how agency and private surrogacy approaches differ, as well as the pros and cons of each.
INDEPENDENT VS. AGENCY
Let’s start with how each journey type is defined.
Agency-assisted surrogacy is where a surrogacy agency acts as a liaison between all parties and offers education and guidance throughout every step of the entire process. From educating you and the intended parents on the surrogacy process, the initial screenings for both parties, helping you choose the right match, coordinating the legal process, and supporting you through the medical procedures, the agency oversees and is there for you through the entire experience. This option is the most common type of surrogacy and is typically preferred by those who don’t have prior surrogacy experience or who feel reassured knowing the experience and direction of an agency can be a safety net and source of comfort during such an important journey.
Independent surrogacy, also known as private surrogacy, is where a surrogate and intended parents pursue surrogacy without the assistance of a surrogacy agency. Instead of using the agency’s guidance, they typically rely heavily on a surrogacy attorney to navigate the legal side of the journey, and handle coordinating everything else on their own. The choice to go independent could be to lower the overall cost of the journey, a personal preference from either the surrogate or intended parents, or sometimes when the intended parents and surrogate already know each other and therefore feel more comfortable moving forward together without guidance.
THE PROS AND CONS
Surrogates-to-be should weigh the two journey types based on their pros and cons to help determine which works best for them.
FINANCIAL IMPLICATIONS
Agency
Surrogacy agencies typically charge fees covering a wide range of services essential for managing the surrogacy journey. These fees generally include a base fee for administrative tasks and initial setup, program fees for matching services, psychological screening, and ongoing support, as well as legal fees for contract management and legal advice. Additional costs may arise for unforeseen circumstances. Fees may also vary depending on the specific services provided and the agency’s geographic location.
Independent
Choosing an independent surrogacy path can offer potential cost savings primarily because it eliminates the agency fees. However, this cost-effectiveness comes with the risk of unexpected expenses – such as those arising from legal disputes or mediation needs – which are typically handled by an agency’s in-house resources. Private surrogacy may require out-of-pocket payment for services usually coordinated by an agency, including legal advice, medical procedures, and potential crisis management.
LEGAL CONSIDERATIONS
Agency
Agencies usually either have in-house legal counsel or established partnerships with experienced surrogacy attorneys. That way, all legal aspects of the surrogacy process are handled professionally and in compliance with state and federal laws. Having specialized legal support readily available helps in efficiently addressing the complex legal framework surrounding contracts, parental rights, and any disputes that may arise.
Independent
In independent surrogacy, the responsibility is on the individuals to find and hire a competent surrogacy lawyer. It’s critical you choose an attorney with a strong track record in surrogacy law and to verify credentials thoroughly. The legal landscape can vary significantly by state, and a knowledgeable lawyer is necessary to navigate these variations effectively. As such, private surrogacy demands a higher level of involvement and understanding of legal matters from the parties involved.
SCREENING AND MATCHING
Agency
Agencies play a significant role in the screening and matching process, which includes comprehensive background checks, financial assessments, and psychological evaluations of intended parents. This thorough vetting helps match surrogates and intended parents effectively, enhancing the likelihood of a smooth and successful surrogacy journey.
Independent
Independent surrogacy arrangements require you to take on the screening responsibilities, which can be daunting and risky. The challenges include verifying the reliability and compatibility of intended parents, with risks such as scams or encountering intended parents who are not fully committed. Going the private surrogacy route demands a high level of diligence and can sometimes lead to longer matching processes or incompatible matches.
EMOTIONAL SUPPORT
Agency
Surrogacy agencies often provide structured emotional support through access to counselors, support groups, and therapy services. These resources are vital in helping you navigate the emotional complexities of the journey, offering a network of support from professionals who understand the nuances of surrogacy experiences.
Independent
Independent surrogates need to proactively build their own support networks. This can include friends, family, and online communities of fellow surrogates. While this may offer a more personalized support system, it lacks the formalized support structure that agencies provide, potentially leading to feelings of isolation.
JOURNEY TIMELINE
Agency
The timeline for an agency-assisted surrogacy is generally structured but can vary based on several factors, including the thoroughness of the matching process and the specifics of the medical procedures involved. Agencies coordinate these timelines to optimize the process, keeping it as streamlined as possible while adapting to the needs of both surrogates and intended parents.
Independent
In independent surrogacy, the timeline is often more flexible, allowing for adjustments based on personal and medical preferences of the parties involved. However, this flexibility can also lead to delays, especially if issues arise that would typically be managed by an agency, such as disputes or logistical challenges. Any of which could potentially extend the duration of the private surrogacy journey considerably.
TURN TO THE EXPERTS AT ISC FOR HELP
At International Surrogacy Center, we understand the choices involved in any given surrogacy journey can be complicated and nuanced. Let us help by explaining all the ins and outs of the process and get you started on the right path, emphasizing your well-being, protection, and support. After all, with more than 80% of our staff members having been gestational carriers ourselves, we have the first-hand knowledge and years of experience to guide you along this remarkable journey that we ourselves have experienced.
For answers to common questions, check out our FAQ page. If you’re concerned about the surrogacy laws in your area, we also have a helpful search by state breakdown detailing states regulations. Please don’t hesitate to reach out to us with any questions or concerns when starting on your surrogacy journey. We look forward to hearing from you soon!