Responsible Surrogacy

Information regarding the ethical aspects of the process

In processes that are performed through agencies, the money is not always transferred directly to the surrogate. Usually, in cases where it is not, the agency is involved in the transaction. Sometimes, the agency also coordinates the money transferred to the egg donor, fertility clinic, etc. Therefore, there is not always full transparency regarding the amount of money ultimately transferred to the surrogate. Of course there is nothing wrong with paying the agency, as long as there is full transparency between all parties involved with respect to the total amount of money that reaches the surrogate, including the dates of money transfers, sums of payments meant to compensate for different expenses as agreed between the parties, payments in case of medical complications and so on.

Many contracts do not state the exact amount of money to be transferred to a surrogate. Some of the information we collected when building this site showed that, at least in India, double-digit percentages of the promised fare were subtracted by various mediators. In Israel and other western countries, such conduct would be deemed illegitimate – but these criterions highly depend on cultural norms. Therefore, it is very important that the intended parents be aware of this point – if certified information regarding the amount of money that goes to the surrogate is important to you, you must make your agency aware of this and insist on getting it.

We therefore recommend clarifying the issue of payment for the surrogate before signing the contract. If possible, we recommend that you state the amount that should go directly to the surrogate in your contract with the agency (you can hand-write it down on the contract). An escrow account can be a useful tool for direct transfers of money to the surrogate. In addition, you may want to check with the surrogate, after the birth, that the promised amount did indeed reach her fully. It is therefore recommended to conduct this interaction in the absence of and potential mediators, if possible.

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