Yes, Virginia permits gestational surrogacy under strict statutory and judicial oversight. The 2020 Virginia Gestational Carrier Agreement Act legalized compensated surrogacy contracts, provided they comply with court-approved medical and legal safeguards. The Virginia Department of Health’s Office of Vital Records enforces birth certificate issuance protocols for intended parents, while local juvenile and domestic relations courts retain jurisdiction over pre-birth agreements.
Key Regulations for Surrogacy in Virginia
- Pre-Birth Court Approval Required: Intended parents must petition a Virginia juvenile court for approval of the surrogacy contract before embryo transfer. Courts evaluate the agreement’s fairness, financial terms, and medical consent, with hearings typically held in the surrogate’s jurisdiction.
- Gestational Surrogacy Only: Traditional surrogacy (where the surrogate is genetically related to the child) remains unregulated and legally risky. Virginia statutes explicitly limit surrogacy to gestational carriers using donor or intended parent gametes.
- Mandatory Independent Legal Counsel: Both parties must retain separate attorneys licensed in Virginia. The surrogate’s counsel must certify her informed consent, while the intended parents’ counsel ensures compliance with the Virginia Code § 20-156 financial disclosure requirements.