Virginia Surrogacy Laws

Both gestational and traditional surrogacy are permitted under Virginia’s Assisted Conception statute (Va. Code Ann. § 20-156 et. seq.). The intended parents must be a married couple, and the gestational carrier’s compensation is limited to medical and ancillary expenses.

Both gestational and traditional surrogacy are practiced throughout Virginia cities like Fairfax, Virginia Beach, and Prince William.

Laws Concerning Parentage Orders in Virginia

Virginia courts do not grant pre-birth parentage orders because, under Virginia’s Assisted Conception statute, the gestational carrier cannot giver her consent to the intended parents until three days after the birth of the child.

Under the statute, intended parents can file a Surrogate Consent and Support Form to have themselves named as the legal parents on the birth certificate. The intended parents must be married, and at least one must be genetically related to the child (Va. Code Ann. § 20-160.).  

If evidence cannot be produced proving at least one parent is genetically related to the child, the intended parents can only obtain parental rights through adoption.

Egg and Sperm Donor Law in Virginia

Under Virginia statute, any sperm or egg donor who donates for the purpose of assisted reproduction is not the parent of a child conceived through assisted conception (Va. Code § 20-158(A)(3).).  

However, if a birth occurs pursuant to a surrogacy contract not approved by court, and neither of the intended parents are genetically related to the child, the gestational mother and her spouse, if any, are the legal parents of the child.

Virginia Stepparent and Second-Parent Adoption Law

Virginia allows for its courts to grant stepparent adoptions to both opposite- and same-sex couples as long as the couple is married. In situations involving adoption of a child by a stepparent, courts may waive the appointment of a guardian ad litem for the child (Va. Code Ann. § 63.2-1241).

Fertility Clinics in Virginia

Connect with Baby Steps Surrogacy Center, Inc.

For help along your surrogacy journey, contact Baby Steps Surrogacy Center, Inc. We understand Virginia surrogacy laws and the situation you’re in, and we’re prepared to help. Give us a call at 412-884-2229 or reach us through the contact buttons at the top of this page.