Identity
The contracting entities
Confirm which legal persons sign, receive money, arrange clinical services, retain records and accept contractual responsibility.
Independent program assessment
Independent Review of Surrogacy Agencies and Offers
Due diligence tests whether the written program structure, participant roles, payment conditions and documentary evidence support the promises made to intended parents. It does not certify an agency or guarantee future performance.
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What due diligence can and cannot establish
Review the offer as an allocation of responsibility—not a brochure
A polished presentation may describe outcomes without identifying the legal person responsible for delivering each step. The assessment follows duties, evidence and payment exposure across the proposed program.
Scope
Included and excluded services
Compare headline descriptions with operative terms, annexes and exclusions for treatment, repeat attempts, pregnancy, delivery, documents and exit support.
Money
Payment control and triggers
Identify recipients, due dates, conditions, refundable or non-refundable amounts, contingency costs and consequences if a stage does not proceed.
Evidence
Claims that require documents
Request licences, registrations, contracts, consent pathways, insurance information or professional details where those facts are material to the decision.
Offer and responsibility review
The review connects every promise to a document, party and remedy
The assessment can compare the marketing offer, price schedule, agency agreement, clinic documents and related drafts. It looks for inconsistent descriptions, undefined intermediaries and responsibilities that appear to be assumed rather than accepted in writing.
Due diligence is limited by the evidence available and cannot prove that every representation is true, predict future conduct or replace regulatory, financial, medical or investigative checks performed by the competent specialist or authority.
Core review questions
- Who is the intended parents’ contractual counterparty?
- Which party controls funds and records?
- What events permit extra charges or cancellation?
- Who coordinates surrogate, donor and clinic documentation?
- What happens if a provider changes or a stage fails?
Assessment process
A documented review with clear evidence limits
The process is proportionate to the value, stage and complexity of the proposed commitment.
Collect the offer
Gather presentations, price lists, draft agreements, entity details and relevant correspondence.
Map obligations
Connect each promised stage to the party, document, payment and evidence said to support it.
Test inconsistencies
Compare documents and identify missing terms, exclusions, undefined roles or contradictory statements.
Report priorities
Provide material concerns, questions to raise and recommended legal or specialist follow-up.
Payment and exclusion risks
Commercial exposure often appears outside the headline price
The legal review focuses on how the program responds when the expected sequence changes.
Triggers
Milestone payments
Check whether a payment depends on a verifiable event, a provider’s request or a broad contractual discretion.
Contingencies
Changed medical or participant circumstances
Identify who bears additional costs and who has decision authority when treatment, pregnancy or provider circumstances change.
Exit
Birth and travel exclusions
Confirm whether civil documents, translations, legalization, embassy work and post-birth coordination are actually included.
Frequently asked questions
Questions about agency due diligence
These answers are general information. The current law, documents, participants and countries involved must be reviewed for individual advice.
Can a lawyer confirm that an agency is trustworthy?
A lawyer can assess contracts, entity information, documentary evidence and legal risk within an agreed scope. Trustworthiness is broader and cannot be guaranteed from a document review alone.
What if the agency will not provide draft contracts before payment?
That limitation should be treated as a material decision factor. Counsel can identify what cannot be assessed, propose focused questions and explain the risk of committing without the operative documents.
Does due diligence include medical-quality assessment?
No. Legal review can address licences, responsibilities, consent and records, but clinical quality, prognosis and treatment decisions require appropriately qualified medical professionals.
Related legal support
Continue with the closest next question
Use these pages to move from general orientation to the service, guide or enquiry path that matches the current stage.
Contract Review
Examine the operative agency, clinic, surrogate and payment documents.
Explore this serviceSecond Legal Opinion
Reassess an existing recommendation before signing, paying or proceeding.
Explore this serviceHidden Costs Guide
Review exclusions, payment triggers, reserves, refunds and contingencies.
Explore this serviceReview the offer independently
Understand the documented program before relying on it
Request an assessment of the proposed agency, clinic, responsibilities, exclusions and payment structure.