If you’re wondering whether surrogacy is legal in Virginia, you’re not alone — it’s the question we hear more than any other from Virginia families. The answer is yes. Gestational surrogacy is legal in Virginia. Virginia families build their families through surrogacy every year. Virginia courts establish legal parentage for intended parents. The process works — it’s just more complex here than in some other states, and it requires experienced guidance.
Virginia has a specific surrogacy statute — Virginia Code § 20-156 through § 20-165 — enacted in 1993. It has not been substantially updated since. That means it predates thirty years of evolution in assisted reproduction, reproductive medicine, and family law.
Under current Virginia law, a few things are important to know:
Surrogacy contracts are technically unenforceable as written. Virginia does not have a process for pre-approving or court-certifying surrogacy contracts the way some states do. That doesn’t mean surrogacy doesn’t happen here — it does — but it means legal protections are less automatic than in states with modern statutes.
Parentage can still be established. Despite the contract limitations, Virginia courts have established parentage for intended parents in gestational surrogacy arrangements. The path is more complex than in states with clear statutes — but it exists. Experienced Virginia reproductive law attorneys know how to navigate it.
Pre-birth orders may be available depending on the circuit court and the specific circumstances. Some Virginia courts grant pre-birth orders; others require post-birth adoption processes. Jurisdiction matters significantly here.
If you are a Virginia intended parent: You can pursue surrogacy in Virginia. You need attorneys with specific Virginia reproductive law experience — not general family law attorneys. The parentage process requires careful navigation, and outcomes can vary by jurisdiction. Start with the right legal team.
If you are a Virginia woman considering surrogacy: You can become a surrogate in Virginia. Your legal protections come through the contract and the parentage process, even in the current environment. Working with an agency that has specific Virginia legal experience is essential — not optional.
If you are from outside Virginia: Virginia’s legal environment affects any arrangement where the surrogate lives in Virginia or delivers here. Out-of-state intended parents matching with Virginia surrogates need Virginia-experienced counsel as part of their legal team.
Virginia’s surrogacy statute is widely recognized in the reproductive law community as outdated. There has been meaningful legislative momentum toward modernization.
The direction of reform points toward a framework that:
We follow these developments closely and share updates as they happen. Virginia families learning about surrogacy now are positioning themselves well. When the legal path becomes clearer, they’ll be ready to move — rather than starting from scratch.
The legal complexity in Virginia is real. It is also manageable.
Many of the strongest legal protections for surrogacy families across the country were not created by statute. They were built by experienced legal practitioners working carefully within existing frameworks. Virginia’s current environment requires more care — but it does not prevent families from building through surrogacy, and it does not leave surrogates unprotected.
Chesapeake Surrogacy Center works with reproductive law attorneys who have specific Virginia experience. We don’t hand you a generic contract and wish you well. We coordinate with legal professionals who know Virginia’s courts, understand the jurisdictional differences across the state, and have navigated this process many times before.
For more on how the legal process fits into the full surrogacy journey, read our step-by-step surrogacy process guide. For background on the types of surrogacy and why gestational surrogacy is the legal standard, see our post on gestational vs. traditional surrogacy in Virginia.
Is surrogacy legal in Virginia? Yes — with complexity that requires experienced guidance. Is the legal landscape changing? Yes — in a direction that will make Virginia more accessible for surrogacy families and surrogates.
Should you wait for the law to change before learning more? No. The families and surrogates who are prepared when the legal path clears will move faster and with more confidence. Start learning now.
Our team is here to help you understand what’s possible, what requires care, and what the road forward looks like for your specific situation.
Surrogates: reach out to Kaci Moore, our Recruitment and Intake Manager, or start your application when you’re ready.
Intended Parents: complete our inquiry form to get started, or schedule a comprehensive consultation with Director Andrea McAfee when you’re ready to talk through your specific situation.
