Agency vs Attorney Roles — Who Does What

A practical guide to understanding the distinct roles, handoffs, and decision points that actually shape outcomes, budgets, and timelines—so you can move forward with confidence.

What It Is

Agency vs Attorney Roles — Who Does What explains, in plain English, how agencies and attorneys divide responsibilities throughout a US surrogacy journey. It clarifies which tasks impact legal parentage, which affect relationship management, and which determine cost and timing. Understanding this early prevents duplicated work, missed deadlines, and unnecessary conflict.

You learn:

• Where each professional fits
• What decisions change outcomes
• Which steps are legally required vs optional
• How early coordination prevents delays and cost overruns

Who It Helps

This guide is most useful for intended parents and surrogates who want clarity on responsibilities and accountability.

Especially helpful when:

• You’re comparing agency-managed vs independent (self-matched) journeys
• You’re working across states or countries
• Your surrogate has unique medical, insurance, or ethical considerations
• You want to avoid legal gaps that delay birth-certificate issuance or discharge

May not be the best fit if:

• You already have a fully matched team with state-specific counsel coordinating
• Your clinic or agency provides bundled legal support with minimal complexity

Step-by-Step: Who Does What and When

1. Pre-Match Screening (Agency-led, Attorney optional)

Agency:

• Screens surrogates (medical, psychological, lifestyle)
• Reviews insurance for exclusions
• Confirms clinic readiness
• Presents profiles and facilitates match meetings

Attorney:

• Occasionally consulted for complex insurance or state-law questions pre-match
• Not typically engaged yet

Timing checkpoint: Before match acceptance.

2. Match Approval & Expectation Alignment (Agency-led)

Agency:

• Aligns expectations: communication, boundaries, compensation, travel, selective reduction/termination
• Coordinates clinic pre-approval

Attorney:

• Not yet drafting, but may provide early legal opinion on restrictive states

Timing checkpoint: Before medical clearance.

3. Contract Phase (Attorney-led)

Agency:

• Provides templates or prior examples
• Ensures psychological and compensation expectations match what attorneys will draft

Attorneys (each party has their own):

• Draft and negotiate the Gestational Carrier Agreement (GCA)
• Address insurance coverage, liabilities, parentage pathways, and dispute resolution
• Protect the rights, safety, and responsibilities of each party
• Ensure compliance with state laws
• Prepare state-required pre-birth orders (if applicable)

Timing checkpoint: Contract signed before any medications or embryo transfer.

4. Pregnancy Management (Agency-led, Attorney as-needed)

Agency:

• Manages communication, appointments, reimbursement, and emotional support
• Tracks escrow usage
• Coordinates with clinic and insurance

Attorney:

• Only steps in for legal updates, insurance issues, or amendment needs
• Prepares parentage paperwork during the second trimester

Timing checkpoint: Parentage filings submitted based on state deadlines (varies by jurisdiction).

5. Delivery Planning & Parentage Orders (Attorney-led)

Attorney:

• Secures pre-birth or post-birth orders
• Coordinates with hospital counsel
• Ensures birth certificate lists intended parents
• Prepares emergency backup documents when early delivery is possible

Agency:

• Coordinates hospital expectations
• Ensures a smooth delivery and postpartum transition
• Manages post-delivery reimbursements and closing escrow

Timing checkpoint: Hospital packet completed 4–6 weeks before due date.

6. Post-Birth Wrap-Up (Shared)

Agency:

• Supports postpartum communication
• Confirms all reimbursements are complete
• Closes journey logistics

Attorney:

• Finalizes post-birth filings, if required
• Ensures final birth certificate and, for international parents, documents needed for travel

Pros & Cons

Using an Agency + Attorneys

Pros:

• Comprehensive support
• Fewer mistakes
• Emotional and logistical management
• Lower risk for first-time intended parents

Cons:

• Higher cost
• Not all agencies maintain strong legal coordination

Independent (Self-Matched) + Attorneys Only

Pros:

• Lower cost
• More control

Cons:

• Higher workload
• More risk of miscommunication
• Emotional boundaries can become blurred

Costs & Logistics

• Agency Fees: $15,000–$35,000+ depending on services
• Attorney Fees (Intended Parents): $8,000–$18,000 depending on state and complexity
• Attorney Fees (Surrogate): $1,500–$3,500 (paid by Intended Parents)
• Escrow Management: $1,000–$2,000
• Additional legal filings: $1,000–$5,000+ depending on parentage type

Cash-flow timing:

• Agency retainer: pre-match
• Attorney fees: contract stage
• Parentage filings: mid-pregnancy
• Final filings: post-birth (if required)

What Improves Outcomes

• Hiring attorneys who specialize in surrogacy in the specific state of birth
• Ensuring agency and attorney communicate before contract drafting
• Clear reimbursement rules and caps
• Confirming insurance details in writing
• Starting parentage planning early—especially in states with backlog

Case Study

A couple matched independently with a surrogate in a state requiring post-birth orders. They hired an agency only after positive pregnancy test. Without early coordination, the GCA missed key insurance details, leading to a $7,800 uncovered hospital bill dispute.

Once attorneys became involved mid-pregnancy, they corrected the contract, updated escrow rules, and coordinated with hospital legal. The birth certificate and discharge proceeded smoothly only because parentage filings were rushed successfully.

Lesson: Clear role division + early attorney involvement prevents expensive downstream problems.

Mistakes to Avoid

• Assuming your agency handles legal filings (many do not)
• Using a family-law attorney instead of a reproductive-law specialist
• Signing a GCA before insurance is legally reviewed
• Letting negotiation drag on while transfer timelines approach
• Not knowing your state’s parentage order deadlines

FAQs

Q. Do we need both an agency and an attorney?

Ans : Often yes. Agencies manage process; attorneys secure legal parentage.

Q. Can one attorney represent both the surrogate and the intended parents?

Ans : No. Separate counsel is ethically required.

Q. Do agencies file court documents?

Ans : Typically no—attorneys handle filings.

Q. Can the clinic guide legal steps?

Ans : Clinics advise medically, but legal parentage must be handled by attorneys.

Next Steps

• Free 15-min nurse consult
• Upload labs for a personalized pathway
• Get a state-specific cost breakdown for your surrogacy case

Related Links

• Legal ethics surrogacy
• Intended Parents
• Become a Surrogate
• Fixed‑Cost Packages
• SART
• CDC ART
• ASRM