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Intended parents: cost

What is a surrogacy agency's refund and rematch policy, and what is PLS's?

The short answer

A refund and rematch policy states what an agency returns or re-does when a match ends, a surrogate withdraws, or intended parents stop. Most US agencies refund little of a fee once a milestone installment has been earned, and many charge a rematch fee of $5,000 to $15,000. Private Label Surrogacy's policy: if a match ends before embryo transfer for any reason other than your own withdrawal, you are rematched with no new program fee; if you withdraw before match, installments not yet triggered are not owed and the signing installment is retained; the proposed Assured tier adds unlimited rematches and no new agency fee if your first surrogate does not succeed. Escrow balances are always returned by the independent escrow agent. Confirm current terms before signing.

Written by Nancy Block, RN

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

Last updated

The PLS withdrawal and rematch terms on this page are inferred from the installment structure and are pending confirmation against the actual agency agreement language by Nancy Block, RN, and counsel.

What does a refund and rematch policy cover?

A refund and rematch policy is the part of an agency agreement that says what happens to your agency fee when a journey does not go as planned. It answers four questions:

  1. If a match ends, does the agency find you a new surrogate, and at what cost?
  2. If the surrogate withdraws, what happens?
  3. If you, the intended parents, stop, what do you owe and what comes back?
  4. How many times will the agency rematch you?

It covers the agency fee only. It does not cover clinic fees, which are paid to your clinic, or surrogate compensation and third-party funds, which sit in escrow.

What is standard in the US surrogacy industry?

Most US agencies refund little of a fee once a milestone installment has been earned, and many charge a rematch fee of $5,000 to $15,000 (industry estimate). Terms vary widely, and they are often in the fine print rather than the fee schedule. Read them before you compare agencies on price: a lower fee with a rematch charge can cost more than a higher fee without one.

What is the PLS rematch policy on the Standard tier?

If a match ends before embryo transfer for any reason other than your own withdrawal, you are rematched with no new program fee. That covers a surrogate who withdraws, a surrogate your clinic does not clear medically, and a match that ends during contract negotiations.

PLS rematches without a fee because rematching is part of the work the program fee pays for. Nancy Block, RN, who personally runs matching, presents a new surrogate whose screening is complete, including Mark Silverberg, DDS, MD's review of her prenatal and delivery records.

What counts as "before transfer," and what happens after a transfer: to be confirmed.

What does the Assured tier change?

The proposed Assured tier, at $55,000, adds unlimited rematches and no new agency fee if your first surrogate does not succeed, along with priority matching. Whether "does not succeed" means no pregnancy or no live birth is being confirmed.

The Assured tier fixes the agency-fee risk after transfer, which the Standard tier does not. It does not fix clinic fees or surrogate compensation, because no agency controls those. See fixed-price versus variable programs.

What if intended parents withdraw?

If you withdraw before match, installments not yet triggered are not owed, and the signing installment is retained. The signing installment covers work already done: opening your file, coordinating with your clinic, and the matching work under way. Your first consultation comes before any fee, so you can ask about these terms before you pay anything.

After match, the same principle applies: installments already earned are retained, and installments whose triggers never occur are not owed. Escrow funds that have not been disbursed remain yours.

How is escrow handled separately from agency fees?

Escrow is not part of any agency refund policy, because the agency never holds it. At PLS, intended parents fund an independent licensed escrow agent: $10,000 at match and the balance before medications start. You may choose your own escrow company.

Escrow balances are always returned by the independent escrow agent, less amounts already earned by the surrogate and third parties. That is true whatever happens to the match, and whatever happens to the agency. When an agency holds client funds, a refund depends on the agency's willingness and ability to pay. Independent escrow removes that dependence.

What should the policy look like in writing?

Event Typical industry outcome PLS Standard PLS Assured
Match ends before transfer, not your withdrawal Rematch fee, often $5,000 to $15,000 (estimate) Rematch, no new program fee Rematch, no new program fee, priority matching
Surrogate withdraws Rematch fee common (estimate) Rematch, no new program fee Rematch, no new program fee
First surrogate does not succeed after transfer New fee or rematch fee common (estimate) [terms to confirm] No new agency fee; unlimited rematches
You withdraw before match Little or no refund (estimate) Signing installment retained; later installments not owed [terms to confirm]
Escrow balance Depends on who holds it Returned by the independent escrow agent Returned by the independent escrow agent

Before you sign with any agency, ask:

Whatever agency you choose, the policy should be in the signed agreement, not in a sales conversation. Check that it states each event in the table, the outcome for each, any limit on the number of rematches, and the name of the independent escrow agent. See what happens if the journey fails, what the program fee covers, escrow and questions to ask an agency.

Editor notes (A-032): The withdrawal terms stated here are inferred from the installment structure; confirm the actual agency agreement language with Nancy and counsel before publishing. Industry rematch fee range is an estimate.

Frequently asked questions

Does PLS charge a rematch fee?

No new program fee when a match ends before transfer; the Assured tier extends this to unlimited rematches.

Can I get the signing fee back if I change my mind?

The signing installment covers work already done and is retained; later installments are not owed if their triggers never occur.

What happens if the surrogate backs out?

You are rematched without a new program fee, and escrow funds not yet disbursed remain yours.