What are the laws related to surrogacy in the United States?

The laws related to surrogacy in the United States vary from state to state. In Virginia, surrogacy laws are largely governed by the Virginia Code and case law. Virginia does not recognize gestational surrogacy arrangements, meaning that such agreements are invalid and may not be enforced. The Virginia Code does, however, recognize traditional surrogacy arrangements. In traditional surrogacy, the surrogate is the biological mother of the child and provides an agreement to turn over the child to the intended parents at the time of birth. Surrogacy arrangements made in Virginia must meet certain requirements in order to be legally binding. The intended parents must be physically present at the birth of the child and must have a valid marriage or civil union. The surrogate must receive legal counsel prior to entering into any surrogacy contract. Both parties must also obtain a court order before the child is born, declaring the parties to be the legal parents of the child. Once the child is born, the surrogate must sign a consent form relinquishing all parental rights to the intended parents. This must be done within 3 to 7 days of the birth, depending on the order granted by the court. The intended parents must then file a petition for an adoption order, which will legally transfer parental rights to them. Surrogacy laws in the United States can be complicated, so it is important to consult a lawyer before entering into an agreement. It is also important to discuss the potential risks associated with surrogacy as well as any concerns regarding the rights of both the surrogate and intended parents.

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