How to Choose a Licensed Surrogacy Agency in New York (FDA, Escrow, Legal)

Introduction

New York has become a gold standard for gestational surrogacy, but not all programs operate at the same level. This selection guide helps you quickly separate compliance-focused agencies from those that create risk through vague claims, weak screening, or limited legal depth.

Licensing & Corporate Legitimacy

Start with verifiable paperwork and state alignment. A credible program welcomes due diligence, responds in writing, and provides references from both intended parents and surrogates.

• New York DOH authorization or demonstrated compliance for NY residents.
• Articles of organization; certificate of assumed name (DBA) where applicable.
• Insurance policy verification and risk management practices.

FDA-Registered Partners Only

Your clinic and tissue establishments must be FDA-registered under 21 CFR 1271. Ask the agency which partners they use and for the registration numbers.

• Documented donor screening and infectious disease testing.
• Chain-of-custody and storage logs for embryos.
• Written SOPs for tissue handling and adverse-event reporting.

Independent Escrow & Transparent Finance

Funds should be held by a third-party escrow provider. You should receive monthly statements, and the program’s fee schedule should be itemized with clear inclusions and exclusions.

• Line-item budget with scenarios for repeats/cancellations.
• Audit-ready records and dispute resolution policy.
• No pressure to pay before you see full documents.

Legal Depth & Parentage Experience

Reproductive law is specialized. Your agency should coordinate independent counsel for IPs and for the surrogate, with proven experience obtaining pre-birth orders across New York counties.

• County-specific parentage strategies and timelines.
• Hospital plan templates and coordination with L&D teams.
• Ethical guidance on sensitive topics (selective reduction, delivery preferences).

Matching Philosophy & Surrogate Support

Great agencies match on values and expectations—not just availability—and invest in surrogate wellness throughout the pregnancy.

• Psychological readiness, OB review, background checks.
• Dedicated surrogate support contact and wellness resources.
• Transparent communication cadence for IPs and surrogate.

The 60-Minute Agency Audit (Copy/Paste Checklist)

Use this quick audit to compare multiple agencies the same day.

• Send a written request for licensing proof, FDA partner list, and escrow details.
• Ask for two IP and two surrogate references with contact consent.
• Request a sample budget with inclusions/exclusions and refund policy.
• Confirm county parentage experience and hospital plan process.
• Ask to see screening protocols and surrogate support resources.

Case Study

Two IPs interviewed three agencies in one week using the 60-minute audit. Only one provided licensing proof and FDA partner list up front; that agency later secured a pre-birth order at 30 weeks. The structured approach saved weeks and avoided costly back-and-forth.

Testimonials

• “The audit checklist helped us move from confusion to clarity in one afternoon.” — P.&L., NYC
• “We felt safe because escrow and legal counsel were independent.” — T.&R., Westchester
• “Values-based matching made our relationship with our surrogate extraordinary.” — H.&D., Brooklyn

Internal Linking Suggestions

Find a Surrogate in the USA

Find a Surrogate in Canada

Become a Surrogate

Egg Donor Options in the USA

Indian Egg Donors

Patients Medical – Wellness & Fertility

FAQs

Q. What paperwork should an agency provide first?

Ans : Corporate docs (articles of organization, DBA), licensing/authorization, sample budget, escrow agreement, and references.

Q. How do I verify FDA registration?

Ans : Ask for the clinic/tissue establishment registration numbers; you can cross-check on FDA resources or via written attestations from the clinic.

Q. Is bundled pricing a red flag?

Ans : Not necessarily, but insist on line items with inclusions/exclusions and scenarios for repeats or cancellations.