Legal note: Virginia's framework is technical. This page is educational only and should not replace advice from Virginia reproductive counsel.
Two statutory routes matter
Virginia law distinguishes between surrogacy arrangements approved by a court under the statutory procedure and arrangements that are not court-approved. Parentage consequences can differ depending on which route applies and whether the statutory requirements are satisfied.
Parentage
Virginia Code §20-158 sets out parentage rules for children resulting from assisted conception. For a surrogacy contract that has not been approved by a court, parentage can depend on genetic relationships and other statutory facts. That means a generic statement such as “pre-birth orders are available for every family type” is too broad.
Medical decision-making
Virginia Code §20-163 states that the surrogate is solely responsible for the clinical management of the pregnancy.
Surrogate brokers
Virginia Code §20-165 prohibits accepting compensation for recruiting or procuring surrogates, or for otherwise arranging or inducing intended parents and surrogates to enter surrogacy contracts, subject to the statute's exceptions. This is a significant difference from many other states and should be reviewed before using a compensated matching intermediary in Virginia.
Why careful planning matters
Because Virginia separates court-approved and non-court-approved arrangements and has specific rules on parentage, medical authority and compensated brokerage, intended parents should structure the agreement with Virginia counsel before medical treatment or matching-related commitments proceed.