Under Virginia law, only gestational surrogacy—where the surrogate has no genetic relationship to the child—is recognized. To be valid and enforceable, the surrogacy agreement must be approved by a Virginia court before the embryo transfer takes place. This pre-approval confirms that all parties meet the statutory criteria, including age, medical suitability, and voluntary consent, ensuring protection and transparency throughout the process.

Once approved, intended parents can obtain a pre-birth or post-birth parentage order that legally establishes them as the child’s parents. The court order also directs the Virginia Department of Health to issue a birth certificate naming the intended parents, eliminating the need for further adoption steps.

Virginia law supports married intended parents, whether heterosexual or same-sex couples, and allows for flexibility in how agreements are structured—provided all statutory requirements are met. Single intended parents and other family configurations may still pursue surrogacy in Virginia, though additional legal planning may be required.

At Giving Tree Surrogacy, we guide intended parents through every stage—from finding a qualified surrogate to obtaining court approval and securing your parentage order. Our network of experienced reproductive law attorneys ensures your agreement complies fully with Virginia’s Assisted Conception Statute, giving you confidence and peace of mind at every step.