The selection of a surrogacy agency is the most consequential decision you will make in your journey to parenthood. In Houston, a city defined by the world-class clinical standards of the Texas Medical Center and the ironclad legal protections of the Texas Family Code, the options are plentiful but the stakes are high.
A “good” agency manages logistics; a “great” agency acts as your fiduciary, legal shield, and emotional anchor. As we move through 2026, the complexity of medical insurance, escalating surrogate compensation, and the precision of Texas legal validation require intended parents (IPs) to be more than just clients—they must be informed auditors.
This comprehensive guide outlines the critical questions you must ask to vet a Houston-based gestational surrogacy agency effectively.
I. Agency Stability and Professional Pedigree
Houston’s surrogacy market is mature, yet it occasionally attracts “pop-up” agencies that lack the infrastructure to handle a crisis. You are looking for an agency with deep roots in the Texas legal and medical landscape.
1. “How many ‘validated’ Texas journeys have you completed in the last three years?”
In Texas, a gestational agreement is only enforceable if it is judicially validated before the embryo transfer (Texas Family Code § 160.754). You want an agency that doesn’t just “do surrogacy” but specifically understands the nuances of the Harris County (Houston) court system.
- What to look for: Look for an agency that handles at least 15–20 journeys annually. Too small, and they may lack the “clout” with clinics; too large, and you become a number.
2. “What is the professional background of your leadership team?”
Is the agency run by former surrogates, reproductive lawyers, or clinical professionals?
- The Gold Standard: A multidisciplinary team. Ideally, the leadership should include or have a direct partnership with a Fellow of the Academy of Adoption & Assisted Reproduction Attorneys (AAAA) and a clinical professional who understands IVF protocols.
II. The Surrogate Vetting Gauntlet
In 2026, the demand for qualified gestational carriers (GCs) in Houston is at an all-time high. A common red flag is an agency that “matches” you too quickly, which often suggests they are skipping critical screening steps to collect a retainer.
3. “What percentage of applicants pass your initial screening?”
Top-tier Houston agencies typically reject 95% to 98% of applicants.
- The Houston Standard: An applicant must meet ASRM (American Society for Reproductive Medicine) guidelines, have a BMI under 30–32 (strictly enforced by Houston REIs), be a non-smoker, and have a history of at least one uncomplicated, full-term birth.
4. “How do you verify the surrogate’s support system and home environment?”
A surrogate’s success is often tied to her stability.
- Key Question: “Do you conduct physical home visits or third-party background checks on every adult living in the home?” In Houston’s sprawling geography, local agencies have the advantage of being able to physically verify a candidate’s living situation.
III. Financial Transparency and Escrow Management
Surrogacy in Houston typically costs between $140,000 and $180,000 in 2026. If an agency quotes you under $120,000, they are likely omitting medical insurance deductibles, “loss of organ” riders, or legal validation fees.
5. “Can you provide a line-item ‘all-in’ budget with high-end estimates for contingencies?”
You need to see the “Black Swan” numbers.
- Ask about: C-section fees ($3,000–$5,000), twin premiums (if applicable), and most importantly, lost wage caps. In a high-income state like Texas, a surrogate’s lost wages for bed rest can decimate a budget if not capped in the contract.
6. “Is the escrow account managed by a bonded, independent third party?”
Never work with an agency that manages escrow funds ‘in-house.’ * The Standard: Funds should be held by an independent, insured escrow company (e.g., SeedTrust or similar). Ask how the disbursement process works and what the “minimum balance” requirement is throughout the pregnancy.
IV. Legal Expertise and the “Texas Model”
Texas law is unique. For example, the statute specifically contemplates married intended parents, though Houston judges have established discretionary pathways for single parents and unmarried couples.
7. “Do you work with independent legal counsel for both parties?”
An agency should never “provide” your lawyer. They should provide a list of independent Texas ART (Assisted Reproductive Technology) attorneys.
- The Conflict Check: Ensure that the lawyer representing the surrogate is not employed by or married to the agency owner.
8. “How do you handle the Pre-Birth Order (PBO) process?”
In Houston, the PBO is the document that ensures your names go directly onto the birth certificate at the hospital (Texas Children’s, Woman’s Hospital, etc.).
- Key Detail: Ask if they have experienced any “parentage challenges” in Harris County and how they coordinate with the hospital’s social work department to ensure a smooth discharge.
V. Matching Philosophy and Speed
The average wait time for a match in Houston is currently 4 to 9 months.
9. “What is your philosophy on ‘Mutual Selection’?”
Matching is a two-way street. You should see a surrogate’s profile, but she must also see yours.
- The Question: “Who sees whose profile first?” Most professional agencies present the IPs’ profile to the surrogate first. If she says yes, her profile is then presented to you. This prevents the emotional “rejection” of an IP by a surrogate they’ve already fallen in love with.
10. “What are the common deal-breakers in your matching process?”
Alignment on termination and selective reduction is the most critical conversation.
- The Vetting Point: Ask the agency how they screen for these views before the match meeting. In Texas, where reproductive laws are highly scrutinized, ensuring a surrogate and IP are on the same page regarding fetal anomalies is paramount.
VI. Support and Case Management
Once the contract is signed and the surrogate is pregnant, the agency’s role shifts to case management.
11. “What is the staff-to-client ratio?”
If a case manager is handling 40 journeys, your emails will go unanswered.
- The Sweet Spot: A ratio of 1:12 or 1:15 is considered the industry standard for high-touch care.
12. “What support services do you provide to the surrogate during the 4th trimester?”
A surrogate’s journey doesn’t end at delivery.
- The Care Factor: Ask about postpartum support, breast milk shipping logistics (if you’ve requested it), and how they handle the surrogate’s medical bill reconciliation post-birth.
Summary Checklist for your Consultation
| Category | Key Metric / Green Flag |
| Experience | 5+ years in Texas and 50+ completed journeys. |
| Financials | Third-party escrow and a “high-end” $180k+ budget projection. |
| Screening | BMI <32, non-smoker, home visits conducted. |
| Matching | Focus on shared values (Termination/Reduction) over speed. |
| Legal | Direct experience with Harris County PBOs. |
Conclusion: Trust but Verify
Houston is arguably the best place in the world to pursue surrogacy, but its excellence is built on compliance. When interviewing agencies, do not be afraid to be the “difficult” client. A professional agency will welcome your scrutiny because it proves you are prepared for the rigors of the journey.
If an agency avoids discussing “failed transfers,” “rematch fees,” or “NICU insurance,” move on. Your goal is a partner who is as committed to the legal and medical safety of your child as you are to the dream of holding them.
