What are the laws related to gestational surrogacy in the United States?
Gestational surrogacy is a reproductive technology used by individuals or couples who are unable to conceive a child on their own. Laws governing gestational surrogacy vary across the United States. In Virginia, the law states that a woman who gives birth to a child conceived through gestational surrogacy has the full and legal rights of parenthood and can be listed as the sole parent on the birth certificate. For couples or individuals seeking a gestational surrogate, they must be represented by a licensed attorney who will help them create a legally-binding contract that specifies their rights and obligations. This contract should include provisions regarding the health and financial obligations of the surrogate, the rights of the intended parents, and the circumstances under which the surrogate will or will not terminate the pregnancy. Additionally, Virginia requires that couples intending to use a gestational surrogate must be deemed medically or psychologically unfit to carry a pregnancy to term in order for a gestational surrogate to be used. To ensure the safety and well-being of the surrogate, Virginia does not allow for compensation to be given to the surrogate for her services. Lastly, the law bans anonymous surrogacy and requires that all parties involved in the surrogacy must be identified.
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