Gestational Surrogacy Regulations in Virginia

Overview

Gestational Surrogacy is permitted by Virginia’s Assisted Conception Statute, entitled “Status
of Children of Assisted Conception. Intended Parents must be a married couple or an
unmarried individual. The Gestational Carrier’s compensation is limited to reasonable
medical and ancillary expenses.

Intended Parents

Age requirement:
18 years of age or older
Marriage requirement:
No
Married heterosexual couple:
Yes
Married same-sex couple:
Yes
Unmarried heterosexual couple:
Yes*
Unmarried same-sex couple:
No
Resident status:
No*
Independent legal counsel:
Yes

Gestational Surrogates

Age requirement:
18 years of age or older
Marriage requirement:
No
If married/partnered:
husband’s/partner’s sperm cannot be used
Surrogate status:
Gestational and Traditional Surrogacy
Resident status:
No*
Use of own embryos:
No
Independent legal counsel:
Yes
*as long as the IP(s) or GC are residents of Virginia, there is basis for venue in Virginia.* ´

Embryos

Intended Parents own sperm:
Yes
Intended Parents own eggs:
Yes
Intended Parents using sperm donor:
Yes
Surrogate status:
Gestational and Traditional Surrogacy
Intended Parents using egg donor:
Yes
Intended Parents using both egg and sperm donor:
No

Birth of Child

Birth in Virginia:
Yes
Birth outside of Virginia:
Yes

Instead of filing for a Pre-Birth Order, Intended Parents can only establish their legal parental
rights through either the court-approved model or the non-court approved model. The court
approved model requires the court’s pre-approval prior to the surrogate’s IVF cycle, a home
study, and a court hearing. The non-court model requires the Intended Parents to file a
Surrogate Consent and Report form with the Birth Registrar within three (3) days following
the child’s birth.

Parentage

Pre-Birth Orders:
No
Hearing to obtain Order:
Yes
Post-Birth Orders:
Yes

General Information

Will Virginia Vital Records honor a Pre-Birth Order from another state:
Yes*
What is the typical time frame to obtain a birth certificate after delivery:
8-10 weeks
How are same-sex parents named on the final birth certificate:
Parent and Parent
Can an international same-sex male couple obtain an initial birth certificate naming the biological father and Gestational Carrier:
Yes*
Can an international same-sex male couple subsequently obtain a birth certificate naming only the biological father or both fathers with no mention of the Gestational Carrier:
Yes*

Second Parent and Stepparent Adoptions for Virginia Residents:

*This situation typically arises if the child is born outside of Virginia. The parents then return to Virginia to obtain a second parent adoption or stepparent adoption in Virginia. Please consult with your attorney on this matter if this issue is to arise*

Traditional Surrogacy in Virginia?

*Traditional Surrogacy is permitted in Virginia under Virginia’s Status of Children of Assisted Conception Statute, so long as all the statutory restrictions are met. Please consult with a local attorney to determine if you can move forward with traditional surrogacy*
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Disclaimer - The information provided on these pages does not, and is not intended to, constitute legal advice; all content is for general informational purposes only and may not constitute the most up-to-date legal information, either. Please consult with an ART Lawyer for legal advice specific to your case.