State Laws and Legislation

Virginia Surrogacy Law

Summary: Virginia law explicitly approves of uncompensated surrogacy, but it appears to exclude same-sex couples from participation in these arrangements.

Explanation: Virginia statutes impose numerous restrictions on surrogacy agreements, including limiting formation of such agreements to a surrogate and “intended parents” defined as “a man and a woman, married to each other.” Additionally, the law requires a circuit court order approving the agreement.

However, there is no explicit prohibition in Virginia on LGBT couples jointly adopting a child, nor is there an explicit prohibition on LGBT individuals from adopting a child of their same-sex partner.

Citations: VA. CODE ANN. § 20-156 (2009).

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Updated: Thu, September 10, 2009 - 12:00:05