Matching with a Surrogate in the United States

Surrogacy is an arrangement in which a woman chooses to carry and deliver a baby for a couple or an individual. If you're interested in building your family via surrogacy, matching with a surrogate who is physically and emotionally prepared to carry and deliver your child is crucial.

The United States offers exceptional fertility and surrogacy services, as there are strict guidelines and standards that surrogacy professionals must abide by. In addition to this, there are no federal laws prohibiting surrogacy like there are in many other countries. These are just a few reasons why pursuing surrogacy in the United States is ideal.

Surrogacy Preparation

Preparing mentally, emotionally, and financially for your surrogacy journey requires an immense amount of research. Consulting with an assisted reproduction attorney who specializes in surrogacy offers invaluable guidance that will help build your roadmap to parenthood. A surrogacy attorney will also ensure that you understand all legal aspects of surrogacy in the U.S. and address any concerns.

Researching Surrogacy Matching Options

There are two options when pursuing a match with a surrogate – work with a surrogacy agency or match with a surrogate on your own, also known as an independent match. A surrogacy agency will assist in matching you with a suitable surrogate who has been medically and psychologically screened and approved to undergo the surrogacy process. If you choose to match with a surrogate independently, you may have to manage all aspects of your surrogacy arrangement on your own.

Exploring Surrogacy Agencies

Surrogacy agencies can simplify your surrogacy experience by managing all aspects of your surrogacy journey. Surrogacy agencies have thorough screening processes that provide for a meaningful match for intended parents and surrogates. They also offer additional services like education and ongoing support for intended parents and surrogates. Some questions you may want to ask a surrogacy agency include:

  • What are the details of your surrogate screening process?
  • Can you outline your matching process?
  • Do you offer counseling and/or support services before, during, and after the surrogacy journey?
  • How do you ensure legal protections for intended parents and surrogates?
  • Can you break down your fees and payment structure?
  • How many successful surrogacy deliveries has your agency completed?

Exploring Independent Surrogacy

Matching independently often occurs when intended parents have a friend or family member willing to be a surrogate for them or by matching through online surrogacy platforms, social media outlets, or other online forums.

Regardless of how you have independently matched, working with a surrogate without a surrogacy agency can be very challenging and overwhelming. Many of the potential surrogates have not been medically or psychologically screened, which can lead to major medical, emotional, financial, and legal complications. If you do match with a surrogate independently, many surrogacy agencies within the United States offer services to help guide you through the surrogacy process.

Standard Surrogate Qualifications

Not every intended parent will have the same surrogacy requirements, but some standard qualifications to look for in a surrogate include:

  • Good physical and mental health
  • Uncomplicated previous pregnancies and deliveries
  • Strong communication skills
  • Robust support system
  • Additional matching and screening ASRM guidelines can be found here

Screening and Matching Process

Surrogacy agencies in the U.S. conduct thorough medical and psychological screenings to vet potential surrogates. Once medically and psychologically approved, there is a rigorous matching process to ensure that the intended parents and potential surrogates are compatible. The surrogacy process doesn’t move forward until all parties are satisfied with the details of the arrangement.

Legal Considerations

Unlike many other countries, there are no federal laws regarding surrogacy in the U.S. Instead, surrogacy laws are determined by each state. Before choosing to work with a surrogate, intended parents should consult with an assisted reproduction attorney to review each state’s surrogacy laws. Some states have no restrictions, whereas others have legal hurdles to work through.

Finding a Surrogate Lawyer

Because an experienced assisted reproduction attorney specializing in surrogacy is vital to a successful surrogacy process, it is important to find the right attorney early in your surrogacy journey. Once you have provided your surrogacy attorney with your specific expectations and desires for your surrogacy arrangement, they will help guide you throughout the entire process.

In addition, your surrogacy attorney will consider what kind of relationship you want with your surrogate and draft a surrogacy contract that addresses the important issues and the contingencies that could arise before, during, and after the pregnancy, complying with any applicable state laws. Your surrogacy attorney will proactively pursue any legal action necessary to secure your parentage prior to the birth of your child and handle any legal complexities so you can focus on what matters most — preparing for the birth of your child.

Surrogate Attorneys You Can Trust

The United States is the most established country to pursue a surrogacy journey with many secure and ethical options. With the right surrogacy lawyer on your side, the entire process is relatively smooth.

Klein Fertility Law has the knowledge and experience necessary to make surrogacy in the United States easy to navigate for both intended parents and surrogates. For more information or to schedule a free consultation, contact us today.

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