Virginia allows surrogacy, but it's built around unpaid arrangements and a detailed court approval process.
Is surrogacy legal in Virginia?
Yes, but it's more restrictive than many other states. Virginia's law is set up for a married couple or a single — unmarried couples aren't covered. There's also a formal court process that has to happen before the pregnancy even starts.
Can a surrogate be paid?
No, not beyond her actual costs. Virginia only allows the surrogate to be for reasonable medical care and pregnancy-related expenses — anything beyond that is void and can't be enforced. This makes Virginia one of the more limited states when it comes to compensation.
How do intended parents become the legal parents?
Virginia offers two paths. The more thorough one requires going to court before the pregnancy begins — this involves background evaluations for everyone involved and a judge's approval, and results in the intended parents being recognized as legal parents once the baby is born. There's also a simpler, non-court path that involves filing paperwork with the state after birth, following a short waiting period.
A few practical things to know
- Expenses only: paying the surrogate beyond her actual costs isn't allowed.
- Married couples or single parents only: unmarried couples aren't covered by this law.
- In-depth court process: the more secure legal path requires court approval before the pregnancy starts.
- Cost: this varies based on the agency, clinic, and surrogate's compensation. See the cost calculator guide for a fuller breakdown.
- Insurance: the surrogate's pregnancy has its own set of insurance questions, separate from the legal process above — see the Virginia insurance guide linked below.
This isn't legal advice
This page is here to help you learn the basics — it isn't legal advice. Virginia's process is more involved than in many states, so it's worth getting personalized advice early.
Before signing any , talk to a lawyer who specializes in reproductive law in Virginia. A licensed attorney hasn't reviewed this specific page yet, so please treat it as a helpful starting point for your own research, not a final legal answer.