So you have looked around at a bunch of surrogacy agencies, researched and investigated their benefit packages, and talked with other Gestational Surrogates about their experiences. Now you are ready to pick the agency of your choice. Awesome! You are one step closer to getting matched and bringing about the most miraculous gift of life your Intended Parent(s) could ever imagine.
Signing Up
But first, you have to sign up with the agency. Each agency is a little different, but almost all agencies are going to have you sign a contract or agreement with the agency so you can work together. This will likely be a 5-10 page document laying out your service agreement with them. It will detail what the agency will do for you and what your obligations are to the agency. Often times it will also include the specific surrogate benefit package you have agreed to. By initialing and signing this document, you are committing yourself to the agency. Part of the process will usually involve releasing your medical records to the agency and signing a consent form for a criminal background check. These medical and criminal screenings are part of the agency’s screening requirements to get you approved to be a surrogate candidate.
Exclusivity Provisions
One of the first items to look for in the contract (and to be aware of) is the exclusivity clause. This is the section where the agency asks you to commit to them and promise that you will only work with them for a certain period (maybe 6-12 months). During that time, you acknowledge that you can’t sign up to work with another agency. You also agree not to work directly with other intended parent(s) you come into contact with. You are giving the the agency exclusive rights to try and match you with the intended parents in their program. This means that after you sign their agreement, you can’t be searching for an independent match on the side, or signing up with the next agency you find that has a more attractive surrogate benefit package.
The competition amongst surrogacy agencies today can be quite intense. There are a number of avenues that potential intended parents use to look for suitable surrogate candidates: online matching platforms, recommendations from clinics and IVF physicians, independent searches, concierge agencies, and traditional surrogacy agencies. When the available pool of available surrogates drops, the recruiting efforts ramp up. There are plenty of stories of surrogates being poached from one agency by another, or perhaps by a clinic with close ties to another agency. Surrogacy agencies spend a lot of time, energy, and money to recruit surrogates and they want to take proactive steps to keep you working with them once you sign up with their agency. This exclusivity clause is one of the primary ways they do that.
Consequences
The agency is going to spend a decent amount of money to screen and evaluate you as a surrogate candidate. They will interview you, collect important information from you, and create a personal and medical profile for you and that then becomes available to their pool of intended parents. If you break your promise and try to cancel your agreement during the exclusivity period, then the agency will likely ask you to reimburse them for some of the costs they spent on you. These medical and psychological screening costs can be substantial. So, make sure you know how long you are committing yourself to the agency before you sign. If you don’t see a time parameter attached to the exclusivity clause(s), then it is a good idea to ask for that to be included so there isn’t any confusion about how long you have to give them before you can look for other options that might appear more attractive.
Stay tuned for other important items to be aware of in your agency contracts.
▶ ▶▶ For more information and a no-cost consultation with Attorney James Mahan, please contact The Surrogate’s Corner!
