Gestational Surrogacy is permitted by Virginia’s Assisted Conception Statute, entitled “Status of Children of Assisted Conception”. Intended Parents must be a married couple or an unmarried individual. The Gestational Carrier’s compensation is limited to reasonable medical and ancillary expenses.
Instead of filing for a Pre-Birth Order, Intended Parents can only establish their legal parental rights through either the court-approved model or the non-court approved model. The court approved model requires the court’s pre-approval prior to the surrogate’s IVF cycle, a home study, and a court hearing. The non-court model requires the Intended Parents to file a Surrogate Consent and Report form with the Birth Registrar within three (3) days following the child’s birth.
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