A Clear Guide to ASRM’s Ethical Standards for Surrogacy: What Every Agency Should Know

The American Society for Reproductive Medicine (ASRM) plays a central role in setting ethical expectations for surrogacy and third party reproduction in the United States.

While ASRM guidelines are not laws, they shape industry norms and help ensure that Intended Parents, Surrogates, Donors, and professionals participate in assisted reproduction responsibly and safely.

For surrogacy agencies, clinics, and attorneys, understanding ASRM’s recommendations is essential. These standards support ethical decision making, reduce risk, and promote transparency across the fertility field. This guide offers a clear overview of the most important ASRM principles and how they apply in daily practice.

Why ASRM Guidelines Matter

ASRM guidelines provide a foundation for ethical behavior in assisted reproduction. They help professionals navigate complex situations with clarity by offering recommendations based on scientific evidence, legal considerations, and medical best practices.

Agencies that follow ASRM guidance can strengthen trust with clients, streamline communication with medical partners, and demonstrate a commitment to safe and transparent surrogacy practices.

1. Informed Consent Must Be Comprehensive and Clear

ASRM emphasizes the importance of ensuring that all parties understand the medical, financial, and emotional aspects of the surrogacy process.

Agencies should ensure that:

• Surrogates and Donors receive counseling before signing an agreement

• Intended Parents understand the medical risks and timelines

• All participants have opportunities to ask questions and seek independent advice

Clear communication helps prevent misunderstandings and protects everyone involved.

2. Ethical Screening and Assessment Are Essential

ASRM guidelines recommend thorough medical and psychological evaluations for Surrogates and Donors. These assessments ensure that participants are physically and emotionally prepared for the process.

Professionals should verify that:

• Psychological evaluations are conducted by qualified mental health providers

• Medical screening meets ASRM and FDA standards

• Surrogates understand expectations for pregnancy, delivery plans, and postpartum recovery

Following proper screening supports ethical responsibility and safeguards well being.

3. Respect for Autonomy and Decision Making

Autonomy is a core ASRM principle. Surrogates, Donors, and Intended Parents must be empowered to make informed decisions without pressure.

This means agencies should:

• Avoid coercive language or incentives

• Respect comfort levels with medical procedures

• Ensure all parties can withdraw before legal contracts are finalized

Upholding autonomy builds trust and strengthens ethical integrity.

4. Fair and Transparent Compensation Practices

ASRM acknowledges that compensation for Surrogates and Donors can be ethical when it is transparent, reasonable, and not exploitative. Agencies should clearly outline compensation structures and ensure participants understand:

• What is included in base compensation

• How reimbursements work

• When payments are issued

Clear expectations reduce confusion and promote fairness.

5. Ethical Matching and Screening of Intended Parents

ASRM recommends evaluating Intended Parents to ensure they are prepared for the emotional and practical responsibilities of parenthood.

This may include:

• Psychological consultation

• Legal guidance

• Education on the surrogacy process and potential challenges

Supporting Intended Parents helps protect the long term well being of children born through assisted reproduction.

6. Legal Protections Must Be in Place

ASRM emphasizes the importance of independent legal representation for Surrogates, Donors, and Intended Parents.

Agencies should facilitate:

• Separate attorneys for each party

• Clear and enforceable contracts

• Discussion of parental rights and expectations

Strong legal protections reduce the risk of disputes and promote ethical clarity.

7. Commitment to Transparency and Cultural Sensitivity

While ASRM provides clinical and ethical guidance, agencies must also recognize the diverse cultural backgrounds of their clients. Culturally aware communication supports fairness, trust, and respect throughout the process.

This includes:

• Language access

• Respect for cultural values

• Clear explanations of legal and medical concepts

Cultural understanding enriches ethical practice and aligns with CARE’s mission.

Conclusion

Following ASRM’s ethical standards helps surrogacy agencies and fertility professionals uphold fairness, safety, and respect in assisted reproduction. These guidelines offer a strong foundation for responsible practice and provide clarity in complex situations.

For professionals seeking deeper guidance, CARE offers resources, educational materials, and collaborative discussions that help bring ethical standards to life across the reproductive field.