Virginia is one of the few states that has statutes governing surrogacy.
In VA, a surrogate, may enter into a written contract with intended
where she relinquishes her rights to any children conceived by artificial conception.
Virginia law approves of uncompensated surrogacy agreements and payments
reasonable medical and ancillary costs.
After delivery, the Intended Parents may take amend the birth
certificate so that they are listed as the parents of the child.
Virginia Surrogacy Law
Virginia does recognize both traditional and gestational surrogacy. However, the laws are so complex and confining, it takes an experienced surrogacy attorney to sort through all the different laws to make sure every aspect is covered to the satisfaction of the surrogacy statutes in Virginia.
For instance, Virginia surrogacy law prohibits compensated surrogacy, as well as excluding same-sex couples from participation in surrogacy arrangements. In fact, Virginia surrogacy law mandates the intended parents be defined as a married man and woman.
It is also a criminal offense in Virginia to pay an agency or lawyer to find a surrogate. To make matters even more complex, the surrogate mother has up to 25 days after the birth to nullify the previous arrangements and keep the baby herself.