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.