The Cove state guide
Statutory frameworkVirginia permits surrogacy through a dedicated statute with court-approved and non-court-approved routes. Its rules impose important limits, including unenforceability of a surrogate's compensation clause beyond permitted costs.
See the rules for your familyYour family. Your legal pathway.
Start with your situation, then read the conditions. A route can depend on marriage, a genetic connection, residence, and how the court establishes each parent’s rights. More than one row may apply to your family.
Virginia expressly permits an unmarried individual to be an intended parent. A genetic connection is not always necessary: legal or contractual custody of the embryo can satisfy the alternative statutory condition. The common non-court-approved route requires post-birth consent and birth-record steps; a separate parentage order may also be useful.
Sources 34The statutory definition covers a married couple or an unmarried individual, so an unmarried couple needs a separate joint-parentage plan. Virginia practitioners report post-birth orders when both partners’ own gametes are used. With donor material, a non-genetic partner may need second-parent adoption; do not assume the contract names both as parents automatically.
Sources 34Married fathers can use Virginia’s gender-neutral statutory pathway, with one father’s sperm and donor eggs or with an embryo they legally control. Unmarried fathers need a different plan for the non-genetic partner, potentially including adoption. Parentage and birth-certificate procedures occur after birth, and permitted payment terms also require Virginia-specific review.
Sources 34Married mothers using a separate carrier can qualify with one mother’s egg or with an embryo they legally control. If unmarried, the non-genetic mother’s parentage may require an additional adoption route. This is distinct from one partner carrying a pregnancy herself; counsel should identify the correct statutory and post-birth steps for the actual arrangement.
Sources 34Virginia’s intended-parent definition does not impose a citizenship requirement, but the family must fit its marriage or individual-parent route and document genetics or legal control of the embryo. Parents abroad should arrange a post-birth parentage order when needed in addition to the birth certificate, with separate advice about immigration, travel documents, and recognition at home.
Sources 34How to read these answers: “Recognized route” means the cited law or legal practice provides a pathway for that family situation. “Conditions apply” flags an additional eligibility or parentage issue. “Case-specific” means the answer depends on the facts or court practice. “Significant restriction” points to a legal obstacle explained in the answer.
These categories describe legal pathways, not a clinic’s medical criteria or a guaranteed outcome. For transgender or nonbinary parents, counsel should also examine any sex-specific wording and how the planned use of eggs, sperm, or embryos affects the route.
State law provides a gestational surrogacy framework. Eligibility, agreements, payments, and court requirements still differ.
This guide covers gestational surrogacy, where the surrogate does not provide the egg. Traditional surrogacy follows different rules. A state’s category does not determine whether your particular arrangement qualifies.
Virginia defines an intended parent as a married couple or an unmarried individual. This is not a blanket bar on unmarried partners becoming parents, but their joint recognition requires another analysis. Reported practice distinguishes couples using both their own gametes from those needing adoption for a non-genetic partner.
The statute allows either a genetic intended parent or an intended parent with legal or contractual custody of the embryo. Donated embryos are therefore not automatically excluded. Keep the donor and embryo-ownership documentation: absent the required proof, the surrogacy route can fail and adoption may become necessary.
For advance court approval of a surrogacy contract, §20-160 directs filing where at least one party resides. The commonly used non-court-approved route has different post-birth requirements. Do not assume that the residence rule for one procedure answers jurisdiction or eligibility for every Virginia arrangement involving nonresident parents.
A written, acknowledged agreement must satisfy Virginia's statutory requirements. The court-approved route involves approval before assisted conception, evaluations and a home study; the alternative route has its own required terms and post-birth steps.
Advance contract approval is different from a pre-birth parentage order. Under the non-court-approved route, the carrier may sign the required consent after three days following birth, and the form and supporting documents must reach Vital Records within 180 days. A separate post-birth parentage order can address additional recognition needs.
A provision promising compensation to the surrogate is void and unenforceable. Reasonable medical and ancillary costs are addressed separately under the statute and should be reviewed by Virginia counsel.
A state’s parentage process and your home country’s recognition of that parentage are separate questions. Before matching, have counsel in both countries confirm the legal route, the child’s citizenship and passport requirements, and the documents needed to return home.
Plan who will obtain certified court orders and birth certificates, whether translations or authentication are needed, and how much time to allow after birth. A favorable state-law answer does not settle immigration or travel requirements.
International parentage recognition: HCCH (opens in a new tab)Learn how Cove helps intended parents explore their options and keep the journey organized.
Explore Cove for parentsSources checked October 13, 2026. Check the source’s effective date as well as its publication date.
General information, not legal advice. Laws and court practices can change. A reproductive-law attorney should confirm the rules for your circumstances before you sign an agreement or begin treatment.
