Egg Donation and Surrogacy in Virginia
Virginia’s Assisted Conception Statute regulates egg donation and surrogacy, requiring court approval for surrogacy agreements before any procedures commence. This statute ensures that the rights and responsibilities of all parties, including egg donors, surrogates, and intended parents, are clearly defined and legally enforceable. Mir & Bashir, LLC offers comprehensive legal services to assist you in drafting and obtaining court approval for surrogacy agreements, securing your parental rights, and addressing any disputes that may arise.
Relevant Statutes
- Virginia Assisted Conception Statute (§ 20-156 et seq.):
- This statute regulates assisted conception, including egg donation and surrogacy. It requires that surrogacy agreements be approved by the court before the procedure begins.
- It also provides a framework for determining parentage, focusing on the intent of the parties and court approval.
Rights of Involved Parties
- Egg Donors:
- Egg donors in Virginia are generally not considered legal parents and have no rights or responsibilities after donation.
- Surrogates:
- A surrogate’s rights and responsibilities are governed by a court-approved surrogacy agreement. Surrogates are typically not recognized as legal parents if the agreement is in place.
- Intended Parents:
- Intended parents must secure a court-approved surrogacy agreement to establish parental rights, typically through a pre-birth order.
Case Law
- F. v. Breit (2013):
- The Virginia Supreme Court recognized the enforceability of surrogacy agreements and the rights of intended parents as established by the agreement and court orders.
Frequently Asked Questions
What is the Virginia Assisted Conception Statute, and how does it regulate surrogacy?
The Virginia Assisted Conception Statute (§ 20-156 et seq.), also known as the Status of Children of Assisted Conception Act, regulates assisted conception including egg donation and surrogacy. It requires surrogacy agreements to be court-approved before procedures begin, ensuring enforceability and clear parentage determination based on the parties’ intent.
How does Virginia law handle egg donation in the context of assisted reproduction?
Under the Assisted Conception Statute, egg donors are generally not considered legal parents and have no rights or responsibilities after the donation, provided contractual agreements are in place. The focus is on the intent of the intended parents, with court approval reinforcing the donor’s non-parental status.
What rights do surrogates have under Virginia's surrogacy laws?
Surrogates’ rights and responsibilities are defined by a court-approved surrogacy agreement. In gestational surrogacy, the surrogate is typically not recognized as a legal parent, allowing the intended parents to establish sole parentage through the agreement and subsequent court orders.
How do intended parents establish parental rights in Virginia surrogacy arrangements?
Intended parents must obtain a court-approved surrogacy agreement prior to any procedures, which typically leads to a pre-birth order establishing their legal parentage. This framework prioritizes the parties’ intent and ensures the child’s ideal interests are protected.
What key case law influences surrogacy in Virginia, and are there recent changes as of 2025?
In F. v. Breit (2013), the Virginia Supreme Court upheld the enforceability of surrogacy agreements, affirming the rights of intended parents as defined by the contract and court orders. As of October 2025, Virginia now permits both court-approved and non-court-approved surrogacy contracts under updated Vital Records guidance from the Department of Health (effective April 2025), expanding options while maintaining the focus on intent and enforceability.