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Surrogacy Law in Virginia

no-image Gestational and genetic surrogacy contracts are enforceable by law in the state of Virginia, under these circumstances:

  • The surrogate can agree to give up her rights on or after the fourth day after the child is born, or the parties can go through a lengthy court pre-approval process.

  • Genetic surrogacy contracts are enforceable in court but the person acting as the surrogate may terminate the contract within 180 days of conception.

  • Termination of the contract results in the person acting as the surrogate and her spouse, if any, being parents.

  • Compensation beyond reimbursement of expenses is not legal.

  • Intended parents must be married to enter into surrogacy agreements.


State law defines some of the rights of the surrogate:

  • A contract must address how expenses will be paid and guarantee payment through escrow, cash or bonds,

  • The surrogate shall be solely responsible for the clinical management of the pregnancy.

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