Surrogacy in Virginia: Your Complete Guide

Like many states in the United States, Virginia continues to develop surrogacy-friendly policies and practices. The state offers clear legal protections for both intended parents and surrogates, with a well-organized process and resources for individuals considering surrogacy.

This comprehensive guide covers everything you need to know about surrogacy in Virginia, including the process, laws, costs, and how to become a surrogate.

The Surrogacy Process in Virginia

Surrogacy in Virginia is a straightforward process that ensures both intended parents and surrogates are legally protected and supported throughout the journey. Here’s an overview of how the process generally unfolds:

1. Choosing the Right Agency and Initial Consultation

• Agency vs. Independent Surrogacy: Most intended parents begin by selecting an agency. Agencies provide comprehensive services, including matching surrogates, medical and legal coordination, and emotional support. While independent surrogacy is an option, working with an agency often proves to be more efficient due to the range of services they offer.
• Consultation with a Reproductive Endocrinologist: Intended parents usually consult a reproductive endocrinologist to discuss IVF, egg retrieval, and embryo creation. This consultation also focuses on coordinating the medical procedures with the surrogate.

2. Selecting a Surrogate

The selection of a surrogate is a critical step. If you are working with an agency, they will match you with a surrogate based on your preferences and needs. If pursuing independent surrogacy, you will need to find and screen a surrogate yourself.

3. Screening and Legal Contracts

• Comprehensive Medical & Psychological Screening: Each surrogate undergoes medical and psychological screenings to ensure she is physically and emotionally fit for the surrogacy process. Medical examinations confirm her health and ability to carry a pregnancy, while psychological evaluations assess emotional readiness and any potential mental health issues that may affect the process.
• Legal Contracts: A legal contract is signed by both the intended parents and the surrogate before the pregnancy begins. This agreement outlines compensation, medical procedures, parental rights, and other essential terms, ensuring all parties are clear on their responsibilities.

4. Embryo Transfer and Pregnancy

• IVF and Embryo Transfer: The IVF process begins when the surrogate is medically cleared. Eggs from the intended mother or donor are fertilized with sperm from the intended father (or donor) in a laboratory. The resulting embryo(s) are implanted into the surrogate’s uterus. Early ultrasound scans and blood tests confirm a successful pregnancy.
• Pregnancy Monitoring: If the surrogate becomes pregnant, she will undergo follow-up check-ups to ensure both her health and the health of the baby. Medical professionals will monitor the pregnancy closely, and the surrogate may need to adhere to specific guidelines regarding her diet, rest, and lifestyle.

5. Parental Rights at Birth

Intended parents in Virginia can secure a pre-birth order—a court ruling that grants them legal parentage before the child is born. This order ensures that the intended parents’ names appear on the birth certificate, and the surrogate has no legal claim to the child.

Types of Parents Eligible for Surrogacy in Virginia

Virginia's progressive surrogacy laws provide opportunities for a wide range of individuals and couples, regardless of marital status, gender, or sexual orientation. Below are the types of parents eligible to work with surrogacy agencies in the state:

1. Married Couples

Many heterosexual couples in Virginia use surrogacy due to infertility or other medical challenges preventing pregnancy. There are no restrictions on married couples seeking surrogacy in Virginia, making it an accessible option for those facing fertility struggles.

2. Single Individuals

In Virginia, both men and women can pursue surrogacy independently. Whether they are unable to conceive or cannot carry a pregnancy to term, single individuals can explore surrogacy as a viable option for parenthood.

3. Same-Sex Couples

Virginia is a welcoming state for same-sex couples pursuing surrogacy. Surrogacy is a popular choice among gay couples, particularly gay men who may use egg donors and surrogates to create embryos for biological children.

4. Intended Parents from Outside the United States

Virginia’s surrogacy laws make it an attractive option for international intended parents, especially those from countries where surrogacy is either restricted or banned. Its surrogacy-friendly policies provide an ideal solution for people seeking to grow their families abroad.

Surrogacy Laws in Virginia

Virginia’s surrogacy laws offer strong protections for both intended parents and surrogates, ensuring clarity and legal security throughout the surrogacy process.

What is the Difference Between Gestational and Traditional Surrogacy?

• Gestational Surrogacy: This is the most common form of surrogacy in Virginia. In gestational surrogacy, the surrogate carries an embryo created using the intended parents' eggs and sperm (or sperm from a donor).
• Traditional Surrogacy: In traditional surrogacy, the surrogate uses her own egg, meaning she is genetically related to the child. Traditional surrogacy is less common due to the legal complexities it presents, but it is still allowed under Virginia law.

Pre-Birth Orders

One of the standout features of Virginia’s surrogacy laws is the ability for intended parents to obtain a pre-birth order. This legal process is initiated before the child is born and guarantees that the intended parents will be recognized as the child’s legal parents from birth, eliminating any questions regarding parental rights after the birth.

Surrogacy Contracts

Surrogacy agreements in Virginia must be legally enforceable. These contracts typically cover all aspects of the surrogacy process, from compensation and medical procedures to decision-making rights and parental rights. Having a clear, enforceable contract ensures that all parties understand their roles and responsibilities and helps resolve any potential legal issues.

Payment and Reimbursement

Virginia permits surrogates to receive compensation for their services. Intended parents are also allowed to reimburse surrogates for medical expenses, lost wages, and any other costs incurred during the surrogacy process.

Surrogacy for Intended Parents in Virginia

Virginia offers a safe and legally sound environment for intended parents to find and work with surrogates. Below is what intended parents should know about the surrogacy process, including the legal and medical considerations, as well as the associated costs.

Choosing a Surrogate

Intended parents can find a surrogate through an agency or independently. Working with an agency is often easier, as agencies provide services like surrogate matching, legal assistance, and medical coordination. However, independent surrogacy is also an option for those who prefer to handle the process without an agency’s involvement.

Legal and Medical Considerations

Intended parents should collaborate with fertility experts to ensure a healthy pregnancy. Additionally, a reproductive lawyer is essential to draft the surrogacy contract and assist with legal processes like securing a pre-birth order.

Costs for Intended Parents

The total cost of surrogacy in Virginia can vary significantly depending on factors such as agency fees, surrogate compensation, and medical expenses. On average, the cost of surrogacy in Virginia ranges from $80,000 to $150,000.

How Much Do Surrogates Get Paid in Virginia?

The compensation for surrogates in Virginia can vary significantly based on factors such as the surrogate's experience level, the complexity of the pregnancy, and the terms of the agreement. Let’s take a closer look at the compensation structure for surrogates in Virginia.

1. Base Compensation

In Virginia, surrogates typically receive between $35,000 and $50,000 for carrying a pregnancy to term. This compensation can fluctuate based on several factors:

• Experience: Experienced surrogates generally earn more. More seasoned surrogates may receive between $40,000 and $55,000.
• First-Time Surrogates: First-time surrogates typically earn between $30,000 and $40,000, but they may qualify for additional bonuses based on pregnancy progression and complications.

2. Other Compensation and Payments

• Medical Costs: Surrogates are reimbursed for medical expenses related to the pregnancy, such as prenatal care, delivery, and post-birth care. These are usually covered by the intended parents' insurance.
• Travel Expenses: Travel for doctor’s appointments or to give birth is often reimbursed.
• Additional Costs: Surrogates may also receive reimbursements for maternity clothing, lost wages, and childcare.

3. Insurance

Surrogates may need special insurance to protect against complications or pregnancy-related issues not covered by their own health insurance. This insurance can range between $5,000 and $10,000, and intended parents typically purchase this coverage.

4. Bonuses

Surrogacy contracts can include performance-based bonuses. For instance:

• Surrogates may receive an additional bonus if they successfully carry twins or reach a particular stage in the pregnancy without complications.

5. Additional Considerations

Compensation Packages: Surrogacy compensation packages are usually negotiated and defined in the legal contract, ensuring both parties have a clear understanding of the financial obligations before starting the surrogacy process. Location: Surrogates living in cities with a higher cost of living may receive higher compensation rates.

Finding a Surrogate in Virginia

1. Surrogacy Agencies

Most intended parents in Virginia choose to work with a surrogacy agency. Agencies typically offer comprehensive services such as:

• Surrogate Screening: Ensuring the surrogate is medically and emotionally fit to carry a pregnancy.
• Matching: Helping intended parents find a surrogate who meets their preferences and requirements.
• Medical and Legal Coordination: Managing the logistics of the medical procedures and legal agreements involved in surrogacy.

2. Independent Surrogacy

Though some intended parents opt for independent surrogacy, this route requires more work and legal and medical considerations. However, it can be a more affordable option. Intended parents must manage all aspects of the process on their own, which includes screening surrogates, handling legal contracts, and coordinating medical care.

Surrogacy for Surrogates in Virginia

If you’re considering becoming a surrogate in Virginia, here’s what you can expect:

1. Surrogate Compensation

Virginia surrogates earn between $35,000 and $50,000 in compensation, with additional reimbursements for medical costs, travel, and lost wages.

2. Legal Protections

Virginia law provides significant protections for surrogates. Legal contracts define each party’s roles and responsibilities, ensuring the surrogate’s rights are safeguarded throughout the pregnancy.

3. Emotional Support

Surrogacy agencies offer emotional support to surrogates. Surrogates undergo psychological screenings to ensure they are emotionally prepared for the surrogacy journey, and experienced professionals are available to support them throughout the process.

How to Become a Surrogate in Virginia

Eligibility Criteria

To become a surrogate in Virginia, women must meet specific age, health, and lifestyle requirements to ensure they are physically and emotionally capable of carrying a pregnancy. The general eligibility criteria include:

• Age: 21 to 40 years.
• Health: Good overall health with a history of successful pregnancies.
• Lifestyle: No smoking, no substance abuse, and stable mental health.

Screening and Evaluation

Once you meet the eligibility criteria, you will undergo medical and psychological evaluations to ensure that you are physically and mentally prepared to become a surrogate. This includes:

• Medical Evaluation: Comprehensive health screening to ensure your body is fit for carrying a pregnancy.
• Psychological Evaluation: Assessment to ensure you are emotionally prepared for the surrogacy process.

Legal Agreement

After passing the screenings, a legal contract will be created. This contract will outline all the arrangements of the surrogacy, including:

• Surrogate’s responsibilities
• Compensation details
• Medical procedures
• Parental rights and legal obligations

Conclusion

Virginia offers a well-structured and legally sound process for surrogacy, benefiting both intended parents and surrogates. With clear laws, professional agency support, and comprehensive compensation models, surrogacy in Virginia can be a fulfilling experience for all parties involved. It is an excellent option for women who want to become gestational surrogates and for intended parents looking to build their families.

For further resources and support, you can visit:

• Virginia Government
• CDC - Surrogacy Resources
• DHHS - Family Services