Process Guide
Surrogacy Process Step by Step: Who Does What, and When
The stages a gestational surrogacy program usually runs through, who is involved at each one, and what intended parents are expected to prepare.
- Updated
- Oct 19, 2026
- First published
- Oct 14, 2026
- Reading time
- 6 min
- By
- SurrogacyBase Medical Editorial Team
Reviewed by the SurrogacyBase Medical Advisory Board.
A surrogacy journey is usually described as if it were one decision. It is closer to nine decisions in a row, each with a different professional in front of you, and each one costing money or time whether or not the next stage succeeds.
The stages below are the usual shape of a program, not an order you have to follow: the sequence varies by destination, by clinic, and by whether you need donor eggs or sperm.
In the position statement published in 2025, the International Federation of Gynaecology and Obstetrics supports gestational surrogacy arrangements, where the woman carrying the child is not genetically related to it, and discourages arrangements in which a woman agrees in advance to surrender a child she is genetically related to. It also sets out what support each side must be given, and screening is where that standard gets tested.
The stages
1. Your own position, before anyone else’s
Medical, legal and financial questions all start with facts about you: whether you or a partner have eggs or sperm available, whether a clinic thinks a pregnancy is medically advisable for you or for a future child, your marital or relationship status, your citizenship, and the country the child will live in.
Settle these first, because they decide which destinations are open to you at all. The answer changes the whole plan, not a detail of it.
2. Choosing a destination, then choosing people
In practice most people look at providers and countries at the same time, because a program is only available where a clinic, a lawyer and a willing carrier can all operate. What matters is that the destination is chosen on legal grounds before the money starts moving. The legal considerations guide covers what to establish. The agency guide covers what to ask a provider.
3. Screening
Screening runs in two directions. Your own fertility assessment, and the carrier’s medical and psychological screening. FIGO’s position is that psychological screening and ongoing counselling should be mandatory, which is a useful standard to hold a program to: if a provider treats counselling as optional or as a formality, that tells you something about how the rest is run.
Ask who pays for screening, what happens if you are not accepted, and what happens if a candidate carrier is not accepted after you have paid a fee toward matching.
4. Matching
Matching is where an agency’s stated service and its actual service are most often different. Some programs introduce you to a specific candidate; others put you in a pool; others charge a fee that covers several attempts. The questions worth putting in writing are: how long matching typically takes, what you may say to a candidate, who decides when it is not working, and what happens to the fee if no match happens.
5. The agreement, and the money behind it
Before treatment, the arrangement is documented, and the document is expected to carry the money rather than point at it: the bar association for adoption and assisted reproduction attorneys puts the whole financial side of the arrangement inside the signed agreement instead of leaving it to be agreed afterwards. What that does to your exposure, including the funding date that catches people out, is worked through on the page about escrow accounts and payment stages.
The same holds for lawyers: academic review of US practice records that each side is expected to have its own counsel, and that in some states this is a requirement rather than a recommendation. Independent legal advice for the carrier is not a formality you are paying for on your behalf; it is the protection that makes the arrangement sound.
6. Medical treatment and transfer
Medication and monitoring, then the embryo transfer. Where a donor egg is involved, an earlier cycle of retrieval and laboratory work sits in front of this. This is the stage where the schedule stops being yours: appointment dates are set by clinic calendars and by the carrier’s cycle.
7. Pregnancy
Prenatal care runs through the carrier’s obstetric provider. Your involvement, what you are asked to pay for, and how decisions get made are contract questions that were supposed to be settled in stage 5. This is the stage where badly drafted agreements become expensive.
8. Birth and parentage
The parentage route determines what happens in the delivery room and after it. The legal considerations guide states the rule that surprises families most, and the UK article gives the clock attached to it. In the United Kingdom the woman who gives birth is the child’s legal mother until a court hands that status somewhere else, so the application follows the birth rather than preceding it, and the wait reported there runs from six months to a year. Other systems issue an order before the birth. Which one applies to you is a question for a lawyer in that jurisdiction, and it changes what you plan around.
9. Bringing the child home
Registration, a birth certificate, a passport or consular document, and whatever your home country requires to recognise the arrangement. Cross-border intended parents are not a rare edge case: of the 40,177 transfers to surrogates recorded in the US between 2014 and 2020, 32 percent belonged to intended parents living abroad.
Who is involved, and what each one is accountable for
| Party | What they are responsible for | What they are not |
|---|---|---|
| Fertility clinic | Treatment, medical decisions during the cycle, care of the egg, sperm and embryo | Your legal parentage, the contract, or your budget |
| Obstetric provider | Prenatal care and delivery | Any surrogacy arrangement question |
| Agency or program | Matching, coordination, case management | Legal advice, or your relationship with the clinic |
| Your lawyer | The agreement, the parentage route in that jurisdiction, documents | Medical decisions |
| The carrier’s own lawyer | Her understanding and protection under the agreement | Your interests |
| Escrow provider | Holding and releasing money on the agreed terms | Deciding whether a payment is fair |
| Counsellor or psychologist | Screening and ongoing support for each side | Matching or legal work |
| Registry, court or consulate | Registration, orders, travel documents | Anything about how you got there |
The line that causes the most damage is the one between an agency and a lawyer. An agency that answers legal questions is not giving you legal advice, however experienced it is. A program that presents its own assurances about enforceability, parentage or immigration is describing its sales position.
What people are expected to prepare
Realistically, four things, and none of them is a deposit:
- A decision about how much risk you will carry. How many transfer attempts, over how long, and what you will do if it does not work. This is the number that determines your budget more than any fee schedule does.
- Availability. Transfers, appointments and birth dates are not scheduled around your leave. Cross-border journeys add immigration appointments to that list.
- Documents in order. Identity, relationship, marital status, medical records, and anything a court or registry will ask for later. Getting these translated or apostilled after a birth is a different and slower process.
- A question list you wrote, not one you were handed. A provider’s own FAQ answers the questions the provider is comfortable with.
What you still have to settle elsewhere
What happens to the money if a pregnancy is lost, a specific clinic’s transfer protocol, whether a court in your country will recognise an order, how long any of it takes: these are document and jurisdiction questions, and they have specific answers nobody can give in general.
US surveillance records assisted reproduction cycle data from more than 90 percent of clinics, including transfers to surrogates. It does not record surrogacy agreements, compensation, matching or program outcomes. So there is no official statistic for how many surrogacy journeys succeed, or how long they take, because nobody counts them.
Sources
Every entry names the sentence above it that it supports. Open the link to read the source yourself.
- [1]FIGO position statement on surrogacy
International Federation of Gynaecology and Obstetrics, International Journal of Gynaecology and Obstetrics 171(2):588-592, published Sep 16, 2025 · checked Oct 14, 2026
Supports: That FIGO supports gestational surrogacy arrangements, discourages arrangements in which a woman agrees in advance to surrender a child she is genetically related to, and requires independent counselling for both the surrogate and the intended parents, with psychological screening and ongoing counselling mandatory.
- [2]Financial terms and escrow accounts
Academy of Adoption and Assisted Reproduction Attorneys, published Apr 12, 2018 · checked Oct 14, 2026
Supports: That every arrangement should be formalised by a written agreement containing the complete financial agreement, and that escrow is typically funded before the first embryo transfer.
- [3]Legal and regulatory considerations for gestational surrogacy in the United States
Journal of Assisted Reproduction and Genetics 41(11):3013-3037, Herweck, Manvelyan et al., published Oct 23, 2024 · checked Oct 14, 2026
Supports: Separate legal representation being recommended and sometimes mandated, and the state by state variation in whether gestational carrier contracts are enforceable.
- [4]Gestational carrier embryo transfers in the United States
Fertility and Sterility, Herweck et al., published Feb 1, 2024 · checked Oct 14, 2026
Supports: Of 40,177 embryo transfers to a gestational carrier from 2014 to 2020, 32 percent were for intended parents living outside the United States, using data from the SART CORS registry.
- [5]The Society for Assisted Reproduction Clinic Outcome Reporting System
Journal of Assisted Reproduction and Genetics, published Dec 1, 2022 · checked Oct 14, 2026
Supports: That SART CORS holds assisted reproduction cycle data covering more than 90 percent of US clinics providing ART, and that it contains no surrogacy agreement, compensation or program outcome elements.
- [6]Surrogacy (treatment information)
Human Fertilisation and Embryology Authority, published Apr 8, 2016 · checked Oct 14, 2026
Supports: That in the United Kingdom the surrogate is the legal mother at birth unless a parental order is obtained. The guidance carries a publication date of 8 April 2016, which is why its current status should be checked against the regulator's pages today before relying on it.
- [7]Surrogacy (law reform project)
Law Commission of England and Wales, with the Scottish Law Commission, published Mar 29, 2023 · checked Oct 14, 2026
Supports: That intended parents have to wait until the child is born and then apply to court, that the process typically takes six months to a year, and that arrangements remain unenforceable under the proposed reform.
Keep reading
Each of these pages covers another part of the same decision.
- Surrogacy Cost: What to Budget, What a Quote Leaves OutGuide
- How to Check a Surrogacy Agency: 5 Documents to Ask ForGuide
- 4 Legal Questions to Settle Before Choosing a CountryGuide
- Escrow in Surrogacy: Who Holds the Money, When It MovesGuide
- Choosing a Surrogacy Country: 6 Questions That Decide ItGuide
- Why a Surrogacy Birth Certificate Gets Rejected AbroadGuide
- Taking Your Baby Home After Surrogacy: Papers, Flights, NationalityGuide
- 5 Documents to Sign Before the First Embryo TransferGuide
- Whose Egg, Whose Sperm, Who Carries: What Each Choice Locks InGuide
- When a Surrogacy Cycle Fails: Contract, Embryos, Next StepGuide
- Bringing Fertility Tests to a New Clinic: What Still CountsGuide
- A Clinic's Success Rate: What the Number Is CountingGuide
- Male Fertility Checks: The Half of the File That Gets MissedGuide
- Clinic or Agency? Two Contracts, Two Ways to Be ReplacedGuide
- 40,177 Transfers: What Surrogacy Success Rates CountGuide
- UK Parental Order: The Six-Month Deadline and Who It HitsGuide
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