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State law route

Virginia surrogacy laws and planning route

Gestational Surrogacy is permitted under Virginia’s Assisted Conception Statute, which is now entitled “Status of Children of Assisted Conception,” but only to Intended Parents who meet the enumerated... Use this page to separate public legal context from the counsel, clinic, and coordinator decisions that still need case-specific review.

Virginia surrogacy state illustration
Moderate state posture Last updated October 8, 2025 Organization-reviewed

Reviewed by Patriot Conceptions Legal Review Team, Legal content review team on October 8, 2025.

VA
Virginia
Moderate state posture
Legal Status No specific surrogacy legislation
Pre-Birth Orders Available
Compensated Surrogacy Status Varies
Residency Requirement Not Required
Educational note

This state summary is educational planning context, not legal advice. Surrogacy laws, court practice, and parentage-order procedure can change — confirm your specific route with qualified reproductive counsel before acting.

On this page
What to confirm next

Before acting on Virginia surrogacy law

Use this page to decide who needs to confirm the next step. It is screening guidance, not legal advice, medical clearance, or guaranteed approval.

Independent reproductive attorney
What must counsel confirm?

Confirm the Virginia parentage path, compensation language, venue or residency assumptions, and required signatures before anyone treats a match as ready.

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Clinic and screening team
What must the clinic confirm?

Confirm medical clearance, transfer timing, records, monitoring logistics, psychological review, and any clinic-specific requirements before calendars are locked.

Review requirements
Patriot coordination
What should be routed next?

Map state fit, provider handoffs, escrow and insurance timing, travel burden, and whether the Virginia route needs a backup jurisdiction.

Talk to our team
Before you proceed
✓ Review Virginia parentage order requirements with your attorney.
✓ Confirm your gestational carrier agreement complies with current statutes.
✓ Align medical clinic milestones with legal filing timelines to prevent delays.
Legal summary

The Virginia law, section by section

Category

Moderate

Gestational Surrogacy

Permitted under Virginia’s Assisted Conception Statute, known as the “Status of Children of Assisted Conception.” Eligible for married couples (both heterosexual and same-sex) and unmarried individuals as intended parents.

Compensation

Limited to reasonable medical and ancillary expenses, including housing and other living expenses attributable to the pregnancy. Lost wages are not allowable expenses.

Pre-Birth Parentage Orders

Not granted. Post-birth process: surrogate consent & report form filed with the Birth Registrar after the fourth day following birth.

Legal Parentage

  • Married couples: both parents can be named on the birth certificate if at least one is genetically related to the child
  • Unmarried couples: both parents can be named if at least one is genetically related; otherwise, an Order of Parentage may be required
  • Single parents: can be named if genetically related

Birth Certificate Timing

After the surrogate’s consent, the intended parents’ names are added to the birth certificate.

Same-Sex Parents

Parent labels: “Mother and Father” or “Parent and Parent,” depending on the parents’ preferences.

Traditional Surrogacy

Permitted under Virginia law, but less common due to the complexity of establishing legal parentage.

Primary source
Virginia source used for this summary

The visible law summary is tied to the governed Virginia source row used by the state-law dataset and machine-readable feed. Treat the page as educational planning context and confirm case-specific questions with qualified reproductive counsel.

Official source
Virginia Code Title 20, Chapter 9: surrogacy contracts
Legislation · Accessed May 31, 2026
Partner with our legal network

We coordinate with reproductive law specialists who draft enforceable agreements tailored to your family plan.

✓Attorney-matched guidance for intended parents, carriers, and donors.
✓Jurisdiction-specific contract language aligned with recent case law.
✓Coordination with clinics to secure parentage orders without delays.
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Funds custody

How escrow works in Virginia

In Virginia, your surrogacy funds are held in a fertility-law firm's attorney trust account (an IOLTA). Patriot never holds your money directly. The firm administers the trust account using software built for that workflow.

Patriot recommends TrustUS, the software your law firm uses to hold your funds. TrustUS runs on top of the firm's IOLTA — not as a separate third-party escrow agent.

✓IOLTA-ready escrow, AES-256 encryption, full audit trail.
✓SOC 2 practices.
✓99.98% receipt match rate, 2-second average payout.
See how your law firm uses TrustUS

Disclaimer: Patriot has not independently verified TrustUS's compliance attestations; consult your attorney before custodying funds.

Explore more states

Stay confident in your chosen destination. See how other jurisdictions approach pre-birth orders, surrogacy compensation, and intended parent protections.

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Need legal guidance?

Surrogacy laws are complex and vary by state. Our team collaborates with experienced reproductive law attorneys across the country to ensure your journey remains legally sound and fully protected.

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Planning surrogacy in Virginia?

Move from legal research into the next decision pages: requirements, cost planning, agency comparison, and a live conversation with the team.

Disclaimer: This information is for educational purposes only and does not constitute legal advice. Please consult with a qualified reproductive law attorney for advice specific to your situation.