- Surrogacy is legal in Virginia and we are one of the few states with a comprehensive set of laws. Surrogacy is where the mother is pregnant with her own biological child from artificially insemination and carries the child for the intended parents. Gestational carriers become pregnant by embryo transfer and the host is not biologically related.
Virginia has two statutory schemes meaning two different legal routes that can be used.
First, if the parties select the Court procedure, they obtain prior approval of the court after all parties obtain a home study and have psychological study conducted. The benefit of this procedure is that the surrogate cannot change her mind six months after the last insemination. This procedure is the less common route because the additional expenses and evaluations that must be completed.
Second, is the out-of-court procedure. As long as the there is a written agreement and genetic testing, an application is filed with the Virginia Department of Vital Records along with DNA testing and the surrogate/gestational carriers consent 3 days after birth. No court is involved and Vital Records issues a new birth certificate with the intended parents’ names.
- Embryo Adoption
- In Tysons Corner, VA for those women who are medically able to carry a child to term, embryo adoption is a new and exciting option. Those families that conceive through IVF often complete the process leaving frozen embryos in storage. They may then choose to donate those unused embryos for adoption. The embryo adoption process can be anonymous or the parties can meet. In embryo adoption, the embryos are transferred into the womb of the adoption mother so that she may bear the child.