Guide for Surrogacy Contracts in Virginia
Virginia’s surrogacy laws require that contracts be court-approved and include specific provisions to protect all parties involved. Mir & Bashir, LLC specializes in drafting surrogacy contracts that comply with Virginia’s Assisted Conception Statute, ensuring that your agreement is legally sound and tailored to your unique situation. We help you navigate the legal process with confidence, from initial drafting to court approval.
Contact us today to learn more about how we can assist you with drafting and finalizing your surrogacy contract in Virginia.
Frequently Asked Questions
Are surrogacy contracts legal in Virginia?
Yes. Surrogacy contracts are legal in Virginia under the Virginia Assisted Conception Statute (Va. Code § 20-156 et seq.), but they must meet specific statutory requirements and receive court approval to be enforceable. The law ensures that both the surrogate and intended parents are fully informed and protected throughout the process.
What are the key requirements for a valid surrogacy contract in Virginia?
To be valid, a Virginia surrogacy contract must include:
The consent of all parties, given voluntarily and in writing
Provisions for medical care, compensation, and parental rights
A clear statement of intent regarding custody and responsibility for the child
Court approval before embryo transfer occurs
Both the surrogate and intended parents must be represented by independent legal counsel to ensure fairness and compliance with Virginia law.
What is the difference between a traditional and gestational surrogacy agreement in Virginia?
Traditional surrogacy (where the surrogate’s egg is used) is not typically permitted under Virginia’s surrogacy laws because it creates complex parental rights issues.
Gestational surrogacy, where the surrogate carries an embryo created from the intended parents’ or donors’ gametes, is recognized and regulated under the state’s Assisted Conception Statute.
Why is court approval required for surrogacy contracts in Virginia?
Court approval ensures that all parties understand the legal implications and that the agreement complies with state law. The court reviews the contract to verify that:
The surrogate meets eligibility requirements
The intended parents are suitable
The agreement was entered into freely and without coercion
This judicial oversight protects the interests of the surrogate, the intended parents, and the child.
Why should I work with an attorney for a Virginia surrogacy contract?
Surrogacy in Virginia involves detailed legal and procedural steps, including court filings and compliance with strict statutory provisions. Working with an experienced Virginia surrogacy attorney ensures your contract is properly structured and enforceable. At Mir & Bashir, LLC, we provide comprehensive legal support—from drafting to court approval—to safeguard your rights and ensure a smooth surrogacy process.