Gestational Surrogacy is permitted under Virginia’s Assisted Conception Statute, which is now entitled “Status of Children of Assisted Conception,” but only to Intended Parents who meet the enumerated restrictions. The Intended Parents must be a married couple or an unmarried individual, the Gestational Carrier’s compensation is limited to reasonable medical and ancillary expenses that include reasonable costs for housing and other living expenses attributable to the pregnancy and, under the statute, the Gestational Carrier cannot give her consent until 4 days post-birth. Lost wages are not an allowable expense.
If the Intended Parents wish to seek court approval of the contract before the embryo transfer, this is not through a pre-birth parentage order. Rather, this is a lengthy process under the statute that requires home studies on all parties, the appointment of a guardian ad litem for the unborn child, and a full trial-like court hearing. Consequently, almost all Intended Parents decide to bypass such a lengthy and expensive process. Instead, the Intended Parents choose to proceed the non-court approval route, wait until at least the 4th day after birth for the Gestational Carrier to sign the birth certificate amendment paperwork, and then file a Surrogate Consent & Report Form with the Birth Registrar.
Do courts grant pre-birth parentage orders? No
Can both Intended Parents be declared the legal parents under Virginia’s Status of Children of Assisted Conception statute through the filing of a Surrogate Consent & Report Form if at least one parent is genetically related to the child?
Note: Some parents who do not fit under Virginia’s Status of Children of Assisted Conception statute can file for an Order of Parentage under Virginia’s Parentage Act.
Can both Intended Parents be declared the legal parents under Virginia’s Status of Children of Assisted Conception statute through the filing of the Surrogate Consent & Report Form if neither parent is genetically related to the child?
What are the bases for venue? In most cases, the county of the residence is used for venue. However, it varies based on the proceeding. For parentage orders, the City of Richmond can be used as that is where the state registrar is located.
Do results vary by venue? Possibly.
If yes, are motions to waive venue accepted? Yes, but it depends on the type of action.
Is a pre-birth order possible in Virginia based on a Gestational Carrier’s plan to deliver in Virginia, if no party lives in Virginia? No
Will Virginia Vital Records honor a pre-birth order from another state? Only if a Virginia court first domesticates the out-of-state order.
What is the typical time frame to obtain a birth certificate after delivery? Varies greatly; can easily take 8-12 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 just the biological father? Yes, via an Order of Parentage that declares the carrier or surrogate not a parent.
Can they subsequently obtain a birth certificate naming both fathers? Yes, if they are married and obtain an Order of Parentage in conjunction with a step-parent adoption.
Can an international same-sex male couple obtain an initial birth certificate naming the biological father and Gestational Carrier? Yes, and without a court order if the carrier is not married.
Can they subsequently obtain a birth certificate naming only the biological father or both fathers, with no mention of the Gestational Carrier? Yes
Will Virginia Vital Records honor a second parent adoption order from another state and add the second parent to the birth certificate? Yes, and in this case the out-of-state court order does not need to be domesticated by a Virginia court.
Note: This situation typically arises if the child is born outside of the state. The parents then return to Virginia to obtain a second parent adoption or stepparent adoption in Virginia.
Will courts in Virginia grant second-parent or stepparent adoptions to heterosexual couples living in Virginia? Yes, Virginia grants stepparent adoptions.
Does the couple need to be married? Yes
Will courts in Virginia grant stepparent adoptions to same-sex couples who live in Virginia? Yes
Does the couple need to be married? Yes
Is there a statute or published case law that addresses the rights of a donor over the resulting eggs, sperm, embryo or child? Yes. Virginia’s Status of Children of Assisted Conception statute specifies that a donor is not a parent.
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.
Creative Family Connections
Diane S. Hinson
Chevy Chase, MD
dhinson@creativefamilyconnections.com
www.creativefamilyconnections.com
(240) 235-6006
Colleen M. Quinn
Richmond, VA
quinn@lockequinn.com
www.quinnlawcenters.com/law-centers/adoption-and-s…
(804) 545-9406
Jennifer Fairfax
jennifer@jenniferfairfax.com
http://www.jenniferfairfax.com
The US Surrogacy Law Map™ and each of its state law descriptions (collectively, “The US Surrogacy Law Map”) is a 2010 copyrighted document, current through the year 2022. The US Surrogacy Law Map™ is protected by US Copyright laws and is the sole and exclusive property of Creative Family Connections LLC (“CFC”). You may not copy, reproduce, recreate, distribute, publish, display, perform, modify, create derivative works, transmit, or in any way exploit any content contained on this Website, including, but not limited to, The US Surrogacy Law Map™, in any manner and in any medium. The information contained in The US Surrogacy Law Map™ is for informational purposes only and may not be used for any commercial purposes.
CFC may grant, in its sole and absolute discretion, a limited license to certain approved individuals and/or entities to use The US Surrogacy Law Map™ for presentations. Any requests for a license shall be provided to CFC by email in advance of any presentations. No license is granted until such time as CFC provides you with written approval of the right to use The US Surrogacy Law Map™, after you have signed CFC’s written release. You may not alter or remove any copyright or other notice from your licensed use of The US Surrogacy Law Map™. You further agree not to use The US Surrogacy Law Map™ for any unlawful purpose.
Notwithstanding the foregoing, you may include a hyperlink to The US Surrogacy Law Map™ without advance request. Except as otherwise provided herein, no other use of The US Surrogacy Law Map™ is permitted. Any use of data mining, data gathering, or extraction tools or processes in connection with The US Surrogacy Law Map™, or any reproduction or presentation of The US Surrogacy Law Map™ or its content, is strictly prohibited.
The US Surrogacy Law Map™ does not constitute legal advice and should not be construed as such, and CFC is not giving legal advice through The US Surrogacy Law Map™. The information contained in The US Surrogacy Law Map™ is strictly for informational purposes only and is not a substitute for obtaining individual, professional legal advice. The use of The US Surrogacy Law Map™ does not create any attorney-client relationship between CFC and users of the Website.
CFC tries to ensure that content on The US Surrogacy Law Map™ is accurate, up-to-date, and obtained from reliable sources, but CFC does not represent or warrant the content to be error-free. CFC does not endorse any of the attorneys listed. Nor does CFC represent that favorable results obtained in prior cases will be obtained in future cases. You accept and agree that your use of The US Surrogacy Law Map™ and any information therein is strictly at your own risk.
Surrogacy laws are different from state to state across the US. We have compiled the leading state-by-state surrogacy law map that features laws as actually practiced in all 50 states.