An old, minor nonviolent offense can still leave room to apply as a surrogate. Felony convictions and histories involving violence or harm to children face much stricter limits. At LittleBee, tell me what happened and we can look at the facts together.
Which records can stop an application?
A felony conviction can rule you out under some agencies’ rules, even if it happened years ago. A requirement for no convictions is broader still: it can include a misdemeanor as well as a felony.
In October 2026, we read published qualification and screening requirements from 14 surrogacy agencies. Three explicitly excluded felony convictions, and one required no convictions for any crime. Five included wording allowing discussion, individual consideration or an exception for an old incident. One listed serious background concerns without a single felony-or-misdemeanor cutoff. The remaining four did not state a criminal-record rejection threshold on the pages we read.
These were different agencies’ public explanations, not one shared set of rules. In particular, a page that does not give a cutoff has not necessarily said it accepts a particular record. Here is how the main differences affect the kinds of history you may be worried about:
| Record or situation | What the published requirements actually say |
|---|---|
| A felony conviction | Explicitly excluded by several agencies; individual review described by another |
| Violence, child-safety concerns or serious drug-related history | Named as exclusions or serious concerns in multiple requirements; scope differs |
| An old, minor nonviolent offense | Some room for discussion or individual review; acceptance depends on the actual requirements |
The nature of an event matters alongside the label on the record. The requirements we read raised concerns about child abuse or neglect, domestic violence, and serious drug-related offenses. Some also distinguished a single old misdemeanor from a felony conviction.
A DUI needs its own conversation, too. One set of requirements we read treated a recent DUI as a reason to stop, while another allowed consideration of an older misdemeanor DUI. Calling it only a traffic matter can leave out the detail the application is asking about; the date and the court result both matter.
At LittleBee, we can start by understanding your own history. Morgan’s experience shows what an early conversation about an old record can look like here.
When Morgan applied, she told us about a minor record from several years earlier. Her background report matched the information she had given us. Our team looked into when the event happened, what it involved and how it had been resolved. We did not reject her simply because an old record appeared in the report.
Will my husband or other adults at home need a check too?
Your spouse, live-in partner or other adults at home may also need a background check. Intended parents are trusting you to carry their baby, and the people sharing your home are part of the environment supporting that pregnancy. This is why the screening can reach beyond your own history.
For agencies belonging to SEEDS, the Society for Ethics in Egg Donation and Surrogacy, the published standard includes checks of the surrogate, her spouse, fiancé or live-in partner, and other adults living in the household. The standard applies to SEEDS member agencies1. It gives you a reason to bring up a household concern early, even when your own record is clear.
Your legal history can also be part of the psychological evaluation. The American Society for Reproductive Medicine includes current or past legal history in its guidance on evaluating gestational carriers2, alongside relationships, support and other parts of your life.
At LittleBee, we handle about 120–200 background checks a year. The check itself averages about three business days; that is the investigation time, not the length of the whole application process.
If the record worrying you belongs to your husband or another adult at home, tell us that in our first conversation. We can look at the question you have, including whose history it concerns.
What should I tell LittleBee about my record?
Tell me what the record concerns, when it happened, how the case ended and whether any court requirements remain. You can use ordinary words. I’d rather start with the facts you know than have you guess at a legal label.
An arrest and a conviction answer different questions. A conviction is a court’s judgment of guilt3; being arrested does not by itself mean you were convicted. California’s court guidance, for example, describes situations where someone was arrested but no charges were filed, or charges were dismissed without a conviction4. An application asking about arrests can therefore call for different information from one asking only about convictions.
“Dismissed” also needs a little care. Some cases end without a conviction, while California has a separate form of relief that can dismiss a case after a conviction5. If that word appears on your paperwork, the question is what happened before the dismissal as well as what the later order changed.
If a case is still open, say that rather than describing the outcome you hope to receive. If a court requirement has been completed, the completion information can help distinguish it from something still unfinished. We can begin with what you know now, even when one detail still needs checking.
Brianna’s story shows why the wording of the application question matters.
Eight years ago, Brianna was arrested after an argument.
The situation never turned into a conviction. The case was eventually dismissed, and over the years, Brianna had almost stopped thinking about it. There had been no court case hanging over her, no sentence to complete, and nothing on her day-to-day life that reminded her of what had happened.
So when she came across the criminal-history question on a surrogate application, her first instinct was simple:
“No. I was never convicted.”
Then she paused.
She wasn’t sure whether the question was asking about convictions, arrests, or both. Rather than guessing, she contacted the coordinator before submitting the application.
In Brianna’s case, the coordinator explained that the question called for the arrest and its final outcome. For another applicant, the answer depends on the exact wording and applicable disclosure rules, particularly for sealed or expunged records.
That meant doing a little homework.
She requested the court disposition, checked the date and case information, and wrote a short explanation: she had been arrested eight years earlier, the charge had been dismissed, and there were no remaining court requirements.
If you had a court case but do not have its final outcome, start with the court that handled it6. Ask about the record showing how the case ended7, and check what paper is actually needed before paying for copies. If you were arrested but never charged, first find out where that record is kept; there may be no court case from which to request a final disposition. You do not need to turn this into a search through every court system.
What if my record was sealed or expunged?
Sealing or expungement can change what you are legally required to disclose. The effect depends on your state, the order and the question you are answering. For example, California allows people covered by a qualifying arrest-sealing order to answer questions as though the arrest had not occurred, with listed exceptions8. That is why neither “always say yes” nor “a sealed record means no” works for every application. Before choosing an answer, ask your own lawyer to read the exact question and the order: “Does this order change what I am required to disclose on this application?” Bring the order itself, so the advice is based on what it actually covers, rather than only the word “sealed” or “expunged.”
What if the background report has the wrong person or outcome?
If a report lists a case that is not yours or gives the wrong outcome, tell us which entry is wrong so we can look into it with you. You do not need to explain someone else’s case as though it happened to you.
A name alone may not settle the question. The birth date, place and court information can help show where a mismatch needs checking. If the person is you but the result is wrong or incomplete, the paper showing the final result is more useful than trying to explain away an inaccurate entry.
Talia’s report raised a question about who the court record actually belonged to.
Her report contained a court record under the same name, but the birth date and area of residence did not match hers. We asked the background-check company to verify it before drawing a conclusion. The company confirmed that the record belonged to another person, and her application review continued.
Our surrogacy screening guide explains the steps for checking a background report and addressing an error if you need more help with that part.
What if I’m asked to wait or told I can’t continue?
A request for more information is different from a decision that your history does not meet a requirement. Before treating either response as a final answer, find out what is still unresolved. The next step changes with the reason:
- A fact or document is missing. Ask which part needs clarification and what would answer it. A request to confirm an outcome is still a request for information; a longer account of the event may not supply the fact that is missing.
- A court requirement is unfinished or unclear. Check its current status with the court or the person supervising it. Find out what remains to be completed, rather than assuming that the time since the original incident settles it.
- Your history does not meet an actual requirement. Ask which requirement led to the decision, and whether corrected information or a change in circumstances could make a difference. Some decisions will remain the same even after you explain the history fully.
If a reply from us leaves you unsure which of these applies, bring that wording back to the conversation. We can start with the part you do not understand.
If you’re ready to talk, start your LittleBee surrogate application. You can begin with the part of your history you’re unsure about; I handle initial applications and can help you sort out what needs a closer look. You can also browse our guidance for surrogates.
About this guide: I’m Vivi, a client manager at LittleBee, and I welcome women making their first application with us. This guide draws on our background-check experience, our October 2026 review of published agency requirements, and the professional and court sources below. Reviewed October 15, 2026.
References
- Standards of Ethical Conduct for SEEDS Member Agencies with Guidelines — seedsethics.org, accessed 2026-10-14
- Recommendations for practices using gestational carriers: a committee opinion (2022) — asrm.org, 2022
- Glossary of Legal Terms — uscourts.gov, accessed 2026-10-14
- Record cleaning: Arrest with no conviction | California Courts — selfhelp.courts.ca.gov, accessed 2026-10-14
- California Code, PEN 1203.4. — leginfo.legislature.ca.gov, accessed 2026-10-14
- Criminal Records | Sacramento Superior Court, CA — saccourt.ca.gov, accessed 2026-10-14
- How do I get a Certificate of Disposition? — askalawlibrarian.nycourts.gov, updated 2026-06-05
- California Code, PEN 851.91. — leginfo.legislature.ca.gov, accessed 2026-10-14