Virginia permits surrogacy through either a court-approved preconception contract or a statutory non-court process, but it prohibits carrier compensation beyond reasonable medical and ancillary costs. Joint intended parents must be married; an unmarried individual may qualify alone, and genetic or embryo-custody proof affects whether parentage can be confirmed without adoption.
State law makes some surrogacy agreements void, prohibited, or available only through a narrow pathway that requires specialized review.
Compensation beyond reasonable medical and ancillary costs is void and unenforceable, and paid surrogacy brokering is prohibited, subject to the statute's professional-service provisions. The court-approved route requires approval before conception; the alternative route delays the carrier's required consent until at least three days after birth.
Virginia defines intended parents as a married couple or an unmarried individual, so an unmarried couple does not jointly fit that definition. The court route requires at least one party to reside in Virginia and statutory evidence regarding medical need; at least one intended parent must be genetic or the intended parents must have legal rights to the embryo, otherwise adoption may be required.
Under the court-approved route, notice is filed after birth and the court directs the birth record upon the required genetic or embryo-rights proof; without that basis, adoption is required. Under the non-court route, the carrier may consent no earlier than three days after birth and the required form, contract, and physician documentation must be filed within 180 days.
Decide before conception whether to seek court approval or use the post-birth consent process; their timing and protections differ materially.
A married couple may proceed jointly, while the statute recognizes an unmarried individual rather than an unmarried couple as joint intended parents.
Do not structure a carrier fee; Virginia makes compensation beyond reasonable medical and ancillary costs void and unenforceable.
Sequence matters. Use these steps to prepare for a conversation with qualified assisted-reproduction professionals.
Engage Virginia reproductive and adoption counsel before matching or any payment to select the statutory route, test residence and eligibility, and determine whether adoption will be necessary.
Virginia defines intended parents as a married couple or an unmarried individual, so an unmarried couple does not jointly fit that definition. The court route requires at least one party to reside in Virginia and statutory evidence regarding medical need; at least one intended parent must be genetic or the intended parents must have legal rights to the embryo, otherwise adoption may be required.
Coordinate the clinic, surrogate screening, insurance review, independent attorneys, and all required signatures before medication or embryo transfer. Compensation beyond reasonable medical and ancillary costs is void and unenforceable, and paid surrogacy brokering is prohibited, subject to the statute's professional-service provisions. The court-approved route requires approval before conception; the alternative route delays the carrier's required consent until at least three days after birth.
Under the court-approved route, notice is filed after birth and the court directs the birth record upon the required genetic or embryo-rights proof; without that basis, adoption is required. Under the non-court route, the carrier may consent no earlier than three days after birth and the required form, contract, and physician documentation must be filed within 180 days.
Review the linked statutes, court materials, public guidance, and clearly identified practice sources as a starting point for current legal review.
Laws, court practices, and local filing procedures can change. This page provides general educational information, not legal advice. Consult independent assisted-reproduction counsel licensed in the relevant state before relying on it.
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