Virginia Surrogacy Laws

Stance of Courts Toward Surrogacy

Surrogacy is permitted but highly regulated.

 

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Intended Parents Marital Status / Establishing Parentage

-Marriage required.

-pre-birth parentage orders are not available as gestational mother cannot give her consent until three days after birth

Money Permitted?

No – limited to medical/ancillary expenses

Summary of Law

Virginia law allows surrogacy but requires court approval and medical necessity

Cases, Additional Info

Gestational and traditional surrogacy are permitted under Virginia’s Assisted Conception Statute, but only to Intended Parents who meet enumerated restrictions, and are married.