Independent Surrogacy vs Agency Supported Surrogacy

Kendra Johnson & Samantha Velez

Independent surrogacy is becoming an increasingly attractive option for Intended Parents who want more control over their journey to parenthood. But is it the right path for you? In this guide, we'll break down exactly what independent surrogacy is, how to navigate it successfully, what legal and emotional risks to watch out for, and how it compares to going through a surrogacy agency.  

If you find yourself comparing the two, please take a moment to consider the following information so you can make a truly informed decision. The focus of this analysis will be on gestational surrogacy where the Surrogate is not genetically related to the baby she will carry as a Surrogate, and undergoes an embryo transfer to attain a pregnancy, rather than traditional surrogacy where a Surrogate undergoes artificial insemination and utilizes her own eggs. 

What Is Independent Surrogacy?

Independent surrogacy is when Intended Parents and a Surrogate match and coordinate the surrogacy journey without the additional support of a surrogacy agency.

Independent surrogacy is often chosen by:

• Intended Parents who already know a Surrogate such as a friend or family member
• Those looking to save money by avoiding high agency fees
• People who want more direct involvement in the process and do not want to rely on third party-communication
• Parents seeking a more personalized or flexible experience

Common Misconceptions

There are some common misconceptions about independent surrogacy. While there are great risks to navigate when you choose to go it 100% alone, there are many ways to have an independent journey. Some of the myths include:

• Myth: Independent surrogacy is legally unsafe.
  Reality: While it carries risks, with the right legal guidance and preparation, it can be just as secure. Most people undergoing an independent journey still obtain legal counsel. By retaining separate experienced attorneys for both the Intended Parents and the Surrogate you can have a legally sound contract. There are other factors to navigate that help the surrogacy process to be legally smooth though such as engaging a surrogacy insurance expert, and professional screening services (social, medical, criminal, psychological) for both parties.
• Myth: It’s only for experienced parents.
  Reality: First-timers can pursue independent surrogacy with the right support team (attorneys, doctors, counselors), as long as they are up for the time commitment of organizing all the moving parts. Agencies help with coordinating these, so independently this responsibility to coordinate falls on the Intended Parent, and sometimes on the Surrogate.

How to Find a Surrogate Without Using an Agency

You can find a Surrogate independently through:

• Word of mouth: Friends, family, or social circles
• Surrogacy classifieds: Online communities like Surrogate Mothers Online, Facebook groups, or surrogacy forums
• Surrogacy consultants: Some offer matching-only services  or screening only services without full agency fees

This can feel exciting (and it is!)  but it’s also tricky. Just be cautious. Watch out for red flags like poor communication, unrealistic expectations, or gaps in medical history. It’s a lot to screen on your own, and missing one step can cause major stress later.

Is It Really Safe?

Independent journeys and agency-facilitated journeys both hold risks.

It is important that you take time to conduct thorough screening (medical, social and psychological), use qualified reproductive attorneys, educate yourself on the legal implications and have your attorney draft bulletproof contracts, but most importantly, to prepare emotionally and financially for the journey before you begin.

How Much Can You Actually Save?

Agency-assisted surrogacy often costs $120,000–$180,000+, depending on location and circumstances. Here’s a comparison:

Potential savings: $20,000–$50,000+

The True Costs

 Some people think independent surrogacy is “free” compared to working with an agency. But the truth is, it still comes with costs like medical bills, attorney fees, and Surrogate compensation. The difference is that you’re the one managing all the details.  It’s important to bear in mind that costs may escalate in an independent journey if there are missteps such as not securing proper surrogacy-friendly health insurance, or if there are pregnancy complications/bedrest that cause escalating lost wages.

That’s exactly why Hatch’s Peace of Mind Program exists — it’s our all-inclusive, live birth guarantee package. With one fixed fee, it covers both medical and non-medical expenses, including Surrogate compensation, IVF cycles, legal fees, travel, lost wages, insurance — even unlimited rematching until you have a live birth. With that package, instead of constantly worrying, “What if an unexpected cost shows up?” you can rest easier knowing most of those variables are already handled. It doesn’t erase risk, but it tremendously reduces the financial surprises that often trip up independent journeys.

What If the Surrogate Changes Her Mind?

This is a serious risk, especially without the structure and vetting of an agency.

To minimize it:

• Ensure mental health screening is completed by a licensed professional
• Use a well-drafted contract outlining expectations and legal rights
• Secure a pre-birth order or parentage order depending on state laws
• Work with a reproductive law attorney in your Surrogate’s state

Note: In most cases, once legal parentage is established, a surrogate cannot change her mind, especially if it’s a gestational surrogacy and not traditional.

Surrogate Screening in an Independent Journey:

Much the same as with an agency journey, proper screening is an important tool.

1. Medical Screening

• Ensure she has had at least one healthy pregnancy with no major complications
• Request OB and delivery records from previous births
• Have her complete a full physical exam and lab work through a fertility clinic

2. Psychological Evaluation

• Hire a licensed mental health professional specializing in surrogacy
• Evaluate her support system, motivation, emotional readiness

3. Background Checks

• Run federal and state background checks
• Check for financial stability and that she is not on government aid or assistance

4. Lifestyle Compatibility

• Confirm shared views on issues like selective reduction, termination, vaccination, communication preferences

Legal Documents You Absolutely Need

To protect everyone involved, make sure you have:

• Gestational Carrier Agreement (GCA): Legal contract outlining roles, rights, and responsibilities
• Escrow Account Agreement: Managed by a third-party company to hold and disburse funds fairly in compliance with the contract
• Parentage Order: Legal process to establish Intended Parents’ rights (pre-birth or post-birth, depending on state)
• HIPAA Release Forms: So you can access medical updates
• Power of Attorney: In case you can’t be present at delivery

Always work with reproductive law attorneys licensed in your Surrogate's state. International Intended Parents may also need an experienced attorney in their country to help with getting passports/citizenship in their home country.

Insurance Coverage: What You Need to Know

Insurance is complex in independent surrogacy.

Key Tips:

• Have a licensed Insurance Expert review the Surrogate’s health insurance to see if surrogacy is excluded (many policies do not cover this)
• If excluded, consider:
  • Surrogate-friendly insurance plans on the ACA marketplace
  • Maternity-only policies (like Lloyd’s of London)
• Ensure the Surrogate has life insurance, especially for high-risk pregnancies well before starting any medications for a cycle
• Consider complications insurance and newborn insurance (especially if using a Surrogate in another country)

Always consult with a surrogacy insurance broker to avoid uncovered surprises.

Timelines and Steps for Pursuing Independent Surrogacy

1. Educate Yourself – Learn about surrogacy laws in your state and your Surrogate’s state
2. Create a Budget – Factor in all potential costs, including legal, medical, travel, and insurance
3. Find a Surrogate – Use personal networks or online platforms
4. Screen the Surrogate – Medical, psychological, and background evaluations
5. Draft Legal Agreements – Hire attorneys for both parties
6. Set Up Escrow Account – For all financial transactions
7. Fertility Clinic Process – Medical evaluations, embryo transfer, prenatal care
8. Monitor Pregnancy & Build Relationship – Regular check-ins, transparency
9. Establish Parental Rights – Obtain a pre-birth order (if possible)
10. Prepare for Delivery – Coordinate hospital plan and post-birth legal steps

Plan ahead for these what-ifs with legal, medical, and emotional support systems. Everyone should be on the same page.

Legal & Financial Considerations to Prioritize

Legal:

• Hire independent attorneys for each party- avoid conflicts of interest
• Understand your state's surrogacy laws and the laws in the state where your Surrogate resides
• Clarify termination/selective reduction terms to ensure both parties are protected

Financial:

• Use a licensed  and bonded escrow agency (don’t handle payments yourself)
• Plan for unexpected expenses like lost wages, medical emergencies, etc

Independent Surrogacy May Be Right for You If:

• You’re confident managing logistics
• You already know a potential Surrogate
• You're willing to invest time in research and preparation

Agency-Assisted May Be Better If:

• You prefer a structured, approach where you can focus on your relationship with your surrogate rather than the administrative tasks of facilitating a journey
• You want built-in emotional and legal support
• You’re new to the process and need full guidance

Why Trust Hatch’s Perspective?

Over the past 34 years, many families have come to Hatch after trying independent arrangements, once they realize how complex the process can get and the expenses add up. We’ve seen it all: the successes, the surprises, and the tough moments. That’s why our advice isn’t about pushing you into one choice over the other. It’s about sharing what really happens, so you can make decisions with your eyes wide open.

Final Thoughts

Independent surrogacy can be a deeply rewarding journey—but it’s not without challenges. With thorough preparation, the right professionals, and a well-screened Surrogate, you can have a successful and incredible journey.

Before you dive in, take the time to build a trusted team. Surrogacy is a labor of love and every member of your team is equally important whether that is a lawyer, doctor, counselor, and financial advisor. Remember that this is a legal and emotional journey, not just a medical one.

The most important thing to remember? Everyone’s goal is the same: bringing a healthy baby into the world! At Hatch, we’re here to share insights, resources, and support, simply because building families is what we love to do!