What are the legal implications of surrogate parenting?

Surrogate parenting is a form of reproductive technology where a woman (the surrogate) carries and gives birth to a child on behalf of another person or couple (the intended parents). In Virginia, the legal implications of surrogate parenting are determined by the Surrogacy Agreement Act of 2019. The Surrogacy Agreement Act legalizes and provides for enforceable surrogacy agreements between the surrogate and the intended parents. The law requires that the surrogate and the intended parents must enter into a written agreement that sets out the legal rights and responsibilities of each party. This agreement must be signed and attested by two witnesses and submitted to a court for approval before the surrogacy agreement is finalized and the surrogate can begin carrying the child. In addition, all parties must receive independent legal advice from a Virginia-licensed attorney before entering into the agreement. Under Virginia law, any surrogacy agreement must involve using the intended parents’ own embryos or sperm to create the child, with no payment from the intended parents to the surrogate beyond compensation for her medical expenses. The surrogate is also legally required to give the intended parents full parental rights upon the child’s birth. Ultimately, Virginia’s Surrogacy Agreement Act of 2019 allows intended parents and surrogates to form legally enforceable agreements and provides the necessary legal protections for the parties involved.

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What are the legal implications of surrogate parenting?

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