Virginia Surrogacy Laws: What Intended Parents and Surrogates Need to Know

Surrogacy is legal in Virginia, but the state regulates it more strictly than many other US states. Courts recognize written agreements, but requirements and parentage procedures depend on whether a court approves the contract before assisted conception. This affects treatment planning and birth documents.

Is Surrogacy Legal in Virginia?

Under Section 20-159, an intended parent and a surrogate may enter a written agreement. Her spouse, if any, must also participate. Virginia recognizes married couples and unmarried individuals as intended parents.

There are two available routes. The first is court approval before assisted conception, or a written contract without advance approval. The second option is permitted, but it has different rules for relinquishing parental rights after birth. The route should be chosen before IVF.

What Is Required for Court Approval?

The parties must submit a joint petition to the circuit court before assisted conception. The court reviews the contract, evaluates eligibility, and appoints representatives for the surrogate and prospective child.

The court appoints counsel for the surrogate and a guardian ad litem for the future child. The agreement must address reasonable pregnancy-related expenses and how they will be paid. If the statutory conditions are satisfied, the court can authorize assisted conception for 12 months. This provides a defined legal route before pregnancy.

Can a Surrogate Be Paid in Virginia?

Virginia limits compensation. Under Section 20-160, payment clauses beyond permitted medical and related expenses are unenforceable in court-approved agreements. Section 20-162 also voids provisions requiring surrogate compensation in contracts without prior approval.

Reasonable medical and ancillary expenses may still be covered, including costs related to pregnancy and arrangements for payment if the contract ends early. The contract should specify covered expenses and payment responsibilities.

Virginia also restricts paid brokerage. It is prohibited to accept fees for recruiting surrogates or arranging surrogacy contracts in the state, while allowing attorneys to charge for legal advice and contract preparation. This matters when comparing agencies.

How Are Parental Rights Established?

With a court-approved agreement, the intended parent must notify the court within seven days after birth. If the required genetic connection or embryo-custody evidence is provided, the court can order a new birth certificate naming the intended parent.

Without advance approval, the procedure is different. The surrogate may sign a consent and report form after three days have passed following birth. The required form, contract, and medical evidence generally must be filed within 180 days. 

These steps cannot be treated as interchangeable. Before treatment, attorneys handling surrogacy for single parents should confirm how parentage will be recognized and which records are needed. Regardless of the route, the surrogate retains control over the clinical management of her pregnancy. 

Is Surrogacy Available to Single Intended Parents?

Yes. Virginia’s definition of an intended parent includes unmarried individuals, so being single does not automatically prevent someone from entering a surrogacy agreement. However, each arrangement must still satisfy the medical, contractual, and parentage requirements of the chosen procedure.

Single parents should establish whose eggs and sperm will be used and whether they have the necessary genetic connection or rights to an embryo. For example, ADONIS Fertility Solutions Agency requires that a single intended father typically needs an egg donor and a gestational carrier; a single intended mother may use her own eggs, donor eggs, or existing embryos. Individual legal advice remains important.

What Should Intended Parents Check Before Starting?

Virginia permits surrogacy, but a signed agreement alone does not resolve every requirement. Before embryo transfer, intended parents should confirm:

• whether the contract will receive advance court approval;
• which genetic-link or embryo-custody rules apply;
• what medical, psychological, and home-study evaluations are required;
• how pregnancy expenses, insurance, and unexpected costs will be handled;
• which post-birth consent forms and parentage filings are needed;
• whether surrogate matching and agency services comply with Virginia law.

Families considering fertility solutions agencies should ask where matching, treatment, and legal work actually take place. Virginia’s rules can affect arrangements even when some services are organized elsewhere. Coordinating the contract, clinic, expenses, and birth records early makes the route clearer for everyone involved.