Virginia

Surrogacy Law in Virginia

Virginia Surrogacy Law: Types of Surrogacy

In Virginia, gestational surrogacy is permitted under Virginia’s Status of Children of Assisted Conception Statute, but only to Intended Parents who meet the enumerated requirements. Intended parents may be a married couple or unmarried individual, the gestational carrier’s compensation is limited to medical and ancillary expenses, and in most cases, the gestational carrier cannot relinquish parental rights until 3 days post-birth.

Traditional (genetic) surrogacy is permitted in Virginia under the Virginia Status of Children of Assisted Conception Statute, so long as all the statutory requirements are met.

Are There Surrogate Requirements in Virginia?

No specific legal requirements exist to serve as a gestational surrogate in the state of Virginia.

Does Virginia Surrogacy Law Allow for Pre-Birth Orders?

No. Courts in Virginia do not grant pre-birth parentage orders.  Virginia does have a pre-birth court approval of surrogacy contract legal process. However, because this process is both costly and somewhat unwieldy, most intended parents opt to instead use the administrative birth certificate amendment process provided for pursuant to statute.

The conditions under which intended parents could be declared legal parents utilizing the administrative birth certificate amendment process if at least one parent is genetically related to the child or if at least one intended parent had legal or contractual custody of any embryo used are listed below:

Yes

Married heterosexual couples, using their own egg and own sperm
Married heterosexual couples, using a sperm or egg donor or embryo donor
Married same sex couples, using an egg or sperm donor or embryo donor
Single parent using own egg or sperm or using an embryo donor

No

For intended parents who are in no way related to the resulting child, the conditions under which intended parents could be declared legal parents with a pre-birth order are listed below:

Yes

n/a

No

Whose names go on the birth certificate in Virginia?

Parents will be listed on the birth certificate as “parent” and “parent.”

Surrogacy Conditions for Same-Sex Couples in Virginia

Same-sex married couples are treated the same as heterosexual married couples under Virginia’s Status of Children of Assisted Conception Statute. A same-sex married couple can contract with a surrogate or gestational carrier and use the administrative birth certificate amendment process post-birth to have both intended parents listed on the birth certificate. However, because the birth certificate amendment process does not result in a judicial order, some same-sex couples opt to proceed with a second parent adoption. In that case, the intended parent who is not genetically related to the child adopts the child.

Are There Options for Unmarried Intended Parents in the state of Virginia?

Yes. There is no prohibition in Virginia preventing an unmarried intended parent from using a surrogate or gestational carrier.

Egg Donation Law

Virginia’s Status of Children of Assisted Conception Statute specifies that a donor is not a parent.

State law information verified by the following (ART) Assisted Reproductive Law attorney licensed in Virginia*

Sherry A. Fox, Esquire
Thompson McMullan, PC
100 Shockoe Slip, Third Floor
Richmond, VA 23219
Phone: 804.698.6252
sfox@t-mlaw.com
https://www.t-mlaw.com/attorneys/sherry-a-fox/

* This information is for general informational purposes only and is not, nor is it intended to be, legal advice. We strongly recommend retaining legal counsel, knowledgeable of reproductive law in the state.