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Surrogacy in Virginia

Surrogacy is a third-party assisted reproductive technique in which one woman, called a surrogate, agrees to carry a pregnancy for another person or couple.

There are two types of surrogacy: traditional surrogacy and gestational surrogacy. In traditional surrogacy, the surrogate is inseminated with sperm from the male partner of the intended couple, or from a donor. In gestational surrogacy, a surrogate is implanted with an embryo, which can either come from the intended parents or from a donor. Many people prefer gestational surrogacy since the surrogate would have no genetic relationship to the child.

Surrogacy Laws in Virginia

Virginia is one of the few states with extensive laws on surrogacy. According to state law, surrogacy is legal, but certain conditions must be met. The statute limits surrogacy to married couples—a man and woman—and the woman must demonstrate infertility.

According to Virginia law, surrogacy agreements cannot be compensated, and the only compensation allowed is for “reasonable medical and ancillary costs.” Furthermore, a third party “broker” can’t be paid to match the intended parents with the surrogate. Parents must wait at least three days after the child is born to establish their parental rights, which they would assert by filing the “Surrogate Consent and Report Form.”

Finding a Surrogate in Virginia

Many couples prefer to work with a fertility clinic to match them up with a surrogate, since everything can be handled by one organization. This includes everything from matching with a surrogate to physical and mental exams the surrogate must undergo, as well as the actual ART procedure.

There are many fertility clinics in Virginia that work with surrogates. To find a fertility doctor, type in your zip code in the “Find a Doctor” or “Find a Clinic” search. You can also book an appointment directly through the site or by calling 855-955-BABY

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