Is Surrogacy Legal in Virginia?

Surrogacy Friendly States and a Shift Towards Surrogacy-Friendly Laws.

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Is Surrogacy Legal in Virginia?

Virginia allows gestational surrogacy (the most common form of surrogacy, where the surrogate does not have any genetic relationship to the child) under specific conditions:

  • The intended parent(s) must be either a married couple or an unmarried individual.
  • The gestational carrier (surrogate) may not receive compensation other than covering medical and related expenses.
  • The surrogate must give up parental rights three days after the child’s birth.
  • Same-Sex Friendly

  • Married Couple Friendly
  • Single Friendly

  • Donor Egg, Sperm, or Embryo Friendly
  • Pre-Birth Order, Post-Birth Order, or Post-Adoption Order

Importantly, Virginia courts do not give out pre-birth parental orders (documents establishing the intended parents as full legal parents before the child is born). There is a legal process to approve a surrogacy contract before the birth, but intended parents often find it expensive and confusing. Instead, most Virginia surrogates file a “consent and report form” after the birth that transfers parental rights to the intended parents. After this report is filed, the state amends the child’s birth certificate to list the intended parents. If the intended parents are not married, only one of the intended parents will be listed, and the other parent will have to file a second-parent adoption.

As you can see, the Virginia surrogacy process is complicated! However, it still offers a wonderful option for many people who need a little extra help to become parents.

Is surrogacy legal in Virginia

How to Find a Surrogate in Virginia

If you’re looking for a surrogate in Virginia, you may have noticed that we’ve put the state on our “Caution” list. Why? Well, although Virginia technically permits gestational surrogacy, it has very specific requirements that can provide a few more obstacles for intended parents. However, that doesn’t mean that intended parents in Virginia must look elsewhere for their surrogacy journey. Surrogacy in Virginia is possible under specific conditions, which we’ll discuss in this article, along with tips for how to navigate Virginia’s laws when finding a surrogate and surrogacy agency.

What Is Surrogacy and Why People Use Surrogates in Virginia

In surrogacy, an embryo is developed in a fertility clinic and then transferred to the uterus of a surrogate (or “gestational carrier”). The surrogate then carries the pregnancy and delivers the baby.

There are many reasons why an individual or couple in Virginia might choose to find a surrogate on their path to parenthood. For instance, a woman might have healthy eggs, but not be able to carry a pregnancy for medical reasons. In this case, she could have her eggs retrieved, fertilized with her partner’s sperm, and then transferred to a surrogate who can safely carry and deliver a baby. In this way, both intended parents can still have a biological child. On the other hand, surrogacy also provides a path to fatherhood for single intended fathers and same-sex male couples, who can fertilize donor eggs with their sperm and transfer the resulting embryo to a surrogate.

How Much Does Surrogacy Cost in Virginia?

The exact amount depends on a number of factors. Broadly, surrogacy costs include:

  • Medical Expenses
    • Surrogate medical screenings
    • Egg retrieval or donor egg/donor sperm (if applicable)
    • In Vitro fertilization (IVF)
    • Embryo transfer
    • Prenatal, labor & delivery, and postpartum care
  • Agency Fees
  • Legal Fees

Typically, the intended parents pay for any and all related surrogacy expenses. Once you find your surrogate, you will meet together with attorneys to create a legal agreement that lays out the exact details. In Virginia, the surrogacy process carries a few additional legal steps. That’s why it’s critical to work with surrogacy professionals with local experience. So, with that in mind, how do you choose a quality surrogate agency in Virginia?

How Do I Find a Virginia Surrogacy Agency Near Me?

Surrogacy is a major emotional, physical, and financial commitment. It’s important to work with a quality surrogacy agency to save on time, money, and energy, and ensure the smoothest possible journey. To find an excellent surrogacy agency in Virginia, look for one with:

  • Experience – the surrogacy journey is long (often over a year) and complex, with thousands of important details to ensure success and safety for everyone involved. While surrogacy experiences can share certain similarities, oftentimes unexpected situations arise. A surrogacy agency with years of experience will help you navigate your journey to parenthood with skill and confidence.
  • Compassion – Intended parents pursuing surrogacy can feel a wide range of emotions – excitement, anxiety, joy, nervousness, and more. All these feelings are completely valid, and you deserve to work with an agency who will support you emotionally as well as logistically. Listen to your intuition when you meet with potential surrogacy agencies and stay away from anywhere that makes you feel like a number instead of a whole human being.
  • Transparency – Surrogacy is complicated, but it shouldn’t be mysterious. As an intended parent, you should feel fully informed and aware of every aspect of the process. Of course, you won’t need to manage these details – that’s what your agency is for! Still, a great Virginia surrogacy agency will be open and honest about answering your questions, whether it’s about their matching process, the surrogate timeline, or their costs and fees.

Since 2008, Eggceptional Fertility has provided expert surrogacy services to Virginia families, led by our belief that everyone deserves the chance to build a family. Our intended parents, surrogates, and egg donors all make up our extended Eggceptional community, united by our shared dream of helping families.

What is the Surrogacy Process?

The Virginia surrogacy process involves:

  • Matching with a surrogate
  • Creating a legal surrogacy agreement
  • Developing and transferring embryos
  • Pregnancy, labor, and delivery
  • Securing parental rights

Of course, there are many more steps along the way! The journey begins with an initial consultation with your chosen surrogacy agency. During this consultation, we’ll learn more about you and your family-building goals, as well as answer any initial questions you have about the process. We will also go into more detail about the entire surrogacy process to give you a clear understanding of what to expect.

To begin your journey and find an excellent surrogate near you in Virginia, schedule your initial consultation today.