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Intended parents: escrow and money safety

How do you verify that your surrogacy escrow balance is real?

The short answer

You verify a surrogacy escrow balance by checking four things every month: a statement issued by the escrow company itself (not forwarded by the agency) showing opening balance, deposits, each disbursement with its contract trigger and closing balance; direct login or phone access to the escrow company under your own name; a reconciliation of disbursements against the payment schedule in your gestational carrier agreement; and confirmation that the account is in the parties' names at a named bank. If any of the four is missing, ask in writing and copy your attorney. At Private Label Surrogacy, statements come from the independent escrow agent directly to you and the surrogate, and PLS cannot move funds.

Written by Nancy Block, RN

Founder and Director. Fertility nurse, 17 years at Northwestern Memorial Hospital. Former President, SEEDS.

Last updated

What should a legitimate escrow statement show?

A legitimate escrow statement comes from the escrow company itself, on its own letterhead or through its own portal. It should not be a spreadsheet forwarded by the agency. Each monthly statement should show:

You should also receive a separate notice each time money is paid out, so nothing waits a month to reach you.

How do you confirm the account exists and whose name is on it?

Do it once at the start, then spot-check.

  1. Get the bank's name and the exact account name from the escrow company in writing. The account should be held for the parties to the escrow agreement (you and your surrogate), not in the agency's name.
  2. Set up your own access. Ask for a login to the escrow company's portal under your own name, or a direct phone line to your account officer. You should never need the agency to see your balance.
  3. Call the escrow company on a number you found yourself, not one from an email. Confirm the balance matches your statement.
  4. Check the license. Look up the escrow company's license on the state regulator's website. See how independent escrow works for what licensed and bonded mean.

If an escrow company will not give you direct access to your own account, treat that as a red flag.

How do you reconcile disbursements against your contract?

Your gestational carrier agreement has a payment schedule. Each disbursement on the statement should match a line in that schedule, with a trigger that actually happened.

Once a month, take ten minutes:

  1. List each disbursement on the statement.
  2. Find its line in the payment schedule.
  3. Confirm the trigger occurred: the transfer date, the confirmed heartbeat, the receipt for a reimbursed expense.
  4. Confirm the amount matches. For example, the PLS schedule pays $300 per month as a monthly allowance and $1,000 at embryo transfer.
  5. Subtract total disbursements from the opening balance and add deposits. The result should equal the closing balance.

Keep the statements and your notes in one folder. If a question comes up later, you have the record.

Check What good looks like Warning sign Who to contact
Statement source Issued by the escrow company directly to you Forwarded or prepared by the agency Escrow company
Direct access Portal login or phone line in your name Access only through the agency Escrow company
Account name and bank Held for the parties at a named bank Agency name on the account, or bank not disclosed Escrow company, then your attorney
Disbursement triggers Each payment matches a contract line and a real event Payments with no trigger, or before the event Escrow company, then your attorney
Running balance Opening plus deposits minus disbursements equals closing Numbers that do not add up Escrow company
Notices A notice for every payment Payments you learn about only at month end Escrow company

What are the warning signs on a statement?

None of these proves wrongdoing. Each one needs an answer in writing. For the agency-level warning signs, see agency financial red flags.

What do you do if the numbers do not match?

  1. Ask the escrow company first, in writing, and keep a copy. Most mismatches are timing: a payment sent on the last day of the month that shows on the next statement.
  2. Copy your attorney if the answer is not clear within a few business days, or if the escrow company cannot explain a payment.
  3. Tell your PLS case manager so the question is documented and the surrogate's side can be checked.
  4. Do not send more money until the mismatch is resolved.

What does PLS's monthly process look like?

At PLS, statements come from the independent escrow agent directly to you and to your surrogate. PLS has no signing authority on any client escrow account and cannot move funds. PLS never holds client money.

Each month your case manager is available to walk through the statement with you if you want a second set of eyes, and to confirm with the surrogate that payments arrived. You may choose your own escrow company; the same checklist applies.

Sources

Editor notes (A-036): Confirm that PLS has no signing authority on any client escrow account and that statements are sent by the escrow agent directly to both parties.

Frequently asked questions

How often should I get an escrow statement?

Monthly, issued directly by the escrow company, plus a notice for each disbursement.

Can the agency access my escrow account?

It should not be able to move funds. At PLS the agency has no signing authority over escrow.

What if the escrow company will not give me direct access?

Treat it as a red flag; a licensed agent must give the account parties access to their own account.

Who do I call if a disbursement looks wrong?

The escrow company first, your attorney second, and your PLS case manager to document it.