Simply put, yes, Surrogate Partner Therapy is legal. There are currently no state or federal laws prohibiting or regulating the practice of Surrogate Partner Therapy. During her time in a California DA’s office, Kamala Harris said of SPT that “If it's between consensual adults and referred by licensed therapists and doesn't involve minors, then it's not illegal.” Similarly, The Kinsey Institute stated that “Although the profession is controversial, it has been legal throughout the U.S. since 2003, as long as the surrogate partner works under the supervision of a licensed therapist.”

The short answer is no. While there are several bodies in the United States that train surrogate partners, they each have different practices and different philosophies. It is therefore essential that each individual involved in the process have a thorough discussion at the outset to ensure that they are in alignment. Clinician and surrogate must also adhere to the strict ethical codes set forth by their respective professional organizations. You can see the International Professional Surrogates Association Code of Ethics here, https://www.surrogatetherapy.org/code-of-ethics.

No. Clinicians may be thinking of supervising, as in supervising interns and being responsible for their decisions. Unlike an intern, who is in your field and practicing under you in the same skillset, Surrogate Partners are professionals from a different field. Our training and skillsets are different, so collaborating with a Surrogate Partner is much more akin to collaborating with a nutritionist or a massage therapist. You can always help client’s determine another professional is legitimate in their field of practice and support them in making their own decisions about fit and readiness. While it is best practice for clinicians to continually collaborate and advocate, the actions of the Surrogate Partner are not your professional liability.

It can be intimidating for a therapist to think about supervising a process that may be new to them. That’s just one reason many of us have updated the terminology to collaborating clinician. I am always happy to take the time to talk through the whole of the surrogate therapy process to ensure that it feels like a fit. I want all parties to be comfortable with the interventions, pacing, and potential nuances for the individual client. Additionally as part of each session note, I will share with the clinician my thoughts on exercises for the next session and we will discuss that as part of our consultation. Don’t forget to check out the resources for clinicians on the About SPT page!

Clinicians are expected to collaborate regularly with surrogates through phone consultation between each client-surrogate session. I also write a detailed note after every session and email that to the clinician for reference. To ensure a safe and supported closure of the surrogate-client relationship, clinicians are also expected to continue therapy services with the client at least several months after the conclusion of the surrogate work.

Just like you, Surrogate Partners want to be providing quality therapeutic services to clients. That means being able to discuss what presenting concerns are and are not the best for our own style, as well as vetting specific clients. Many Surrogate Partners, myself included, actually prefer to begin vetting a case with direct consultation with the therapist. This way we can candidly share goals, how specific presentations can manifest in the SPT process, and potential barriers.

Most Surrogate Partners, including myself, do not charge an additional fee for the time we spend collaborating with clinicians. If the clinician wishes to be paid additionally for their time, often 15-20 minutes per collaboration call, they need to charge the client directly.

One great resource is the monthly EMBRACE Info Sessions, designed specifically to tackle myth-busting and introductory questions from prospective clients about the process of Surrogate Partner Therapy. Participants are welcome to join with cameras and mics off for privacy. You may also want to point them to a local Surrogate Partner, if you know of one, and let them explore their professional website. Most Surrogate Partner’s have a resource page of articles, videos, and podcasts to help people familiarize themselves with the model.

No worries! Experienced Surrogate Partners are often quite good at front loading information to collaborating clinicians to ensure comfort in the process. Thankfully, the EMBRACE Resource Group also has a variety of supports for collaborating clinicians, including monthly Clinical Collaboration Groups.