Virginia offers measured support for LGBT couples pursuing surrogacy, though the state's approach requires careful navigation of post-birth procedures rather than pre-birth protections. Gay surrogacy laws in Virginia are governed by the Assisted Conception Statute in Virginia Code § 20-156 through § 20-165, which permits gestational surrogacy under specific conditions.
The Commonwealth's 2019 legislative updates clarified that LGBT surrogacy laws now explicitly allow gay parents, whether single or couples, to enter into surrogacy agreements. This represents significant progress, though Virginia's preference for altruistic arrangements and post-birth procedures creates unique considerations.
Virginia law is inclusive of married same-sex couples pursuing surrogacy, and most can obtain post-birth orders establishing parentage. Understanding the state's requirements helps you navigate the process successfully.
LGBT Surrogacy Laws in Virginia and Establishing Parentage: Will We Get a Pre-Birth Order?
Virginia focuses on post-birth procedures rather than pre-birth orders. LGBT surrogacy laws in Virginia generally do not provide pre-birth parentage orders, and families must follow Virginia's state-specific legal processes.
Instead of pre-birth orders, Virginia uses a post-birth administrative birth certificate amendment process. The gestational carrier is acknowledged as the mother at birth, and intended parents undergo administrative procedures to be named as parents.
The process involves:
- The gestational carrier cannot consent until 4 days after birth under Virginia law
- Intended parents file a Surrogate Consent & Report Form with the Birth Registrar
- Virginia Vital Records processes the birth certificate amendment
- Both married parents can typically be listed when one is genetically connected
For same-sex couples, this means planning for post-birth legal procedures rather than securing pre-birth recognition. While this creates additional steps, Virginia's framework provides pathways for LGBT families to achieve legal recognition.
Can the Non-Genetic Parent in a Gay Couple Be Declared a Legal Parent in Virginia?
Virginia provides several pathways for non-genetic parents in same-sex relationships, though the specific route depends on marital status. The state focuses on post-birth procedures that can establish parentage for both intended parents.
For married same-sex couples where one parent is genetically connected, Virginia will issue birth certificates listing both parents. The administrative birth certificate amendment process allows both married parents to be recognized when proper procedures are followed.
However, non-genetic parents often need additional legal steps including stepparent adoption procedures or Orders of Parentage combined with adoption processes. Virginia courts have generally been supportive of these procedures for married same-sex couples since marriage equality.
Working with experienced Virginia attorneys familiar with LGBT surrogacy programs ensures non-genetic parents receive appropriate guidance for their circumstances.
What If We're Not Married — Can We Both Be Legal Parents?
Virginia's approach to unmarried LGBT couples creates additional complexity. The state's administrative birth certificate amendment process typically requires marriage for both parents to be recognized through the standard procedure.
For unmarried same-sex couples, the child generally must be adopted to establish dual legal parentage. The genetic parent achieves initial recognition, while the non-genetic parent must complete adoption proceedings.
Virginia does not allow unmarried people to adopt each other's children through quasi-stepparent adoptions. Solutions include getting married before or after birth to access Virginia's married-couple procedures, or pursuing adoption in the couple's home state if it allows second-parent adoptions for unmarried partners.
Many unmarried couples choose to marry specifically to access Virginia's more streamlined procedures, while others explore alternatives in more inclusive states.
I'm a Single Parent — Can I Still Be Declared the Legal Parent in Virginia?
Single LGBT individuals have clear pathways to legal parentage in Virginia under the state's Assisted Conception Statute. The law permits unmarried individuals to pursue gestational surrogacy, making it accessible regardless of sexual orientation.
For single parents using their own genetic material, Virginia's administrative process can establish parentage if the embryo used is subject to the legal custody of the intended parent. Single parents using donor gametes follow similar procedures, with Virginia's donor statutes providing protection from donor claims.
The timeline involves following Virginia's administrative birth certificate process, waiting the required 4-day period after birth for surrogate consent, filing appropriate documentation, and obtaining an amended birth certificate.
How Will Our Names Appear on the Birth Certificate in Virginia?
Virginia provides respectful formatting for same-sex couples without corrections or markings. Same-sex parents who complete Virginia's administrative procedures are typically listed as "Parent and Parent" on their child's birth certificate.
The process involves initial listing of the gestational carrier as the mother, followed by administrative amendment to list the intended parents. For married same-sex couples with proper documentation, both parents appear on the final amended birth certificate.
Virginia's approach avoids crossed-out corrections, providing families with clean, professional birth certificates that reflect their legal family structure.
How Long Will It Take to Get the Birth Certificate?
Virginia's processing requires waiting at least 4 days after birth before the gestational carrier can provide consent. Once proper documentation is filed, the birth certificate amendment process typically takes 8-16 weeks on average.
Processing times vary depending on current backlog at Virginia Vital Records, completeness of submitted documentation, and whether expedited processing is requested. Virginia provides expedited processing for good cause, such as passport applications or international travel.
Do We Need a Second Parent Adoption After Surrogacy in Virginia?
Virginia's approach often requires additional legal steps beyond the administrative birth certificate process. Second parent adoption or related procedures frequently become necessary for comprehensive legal protection.
For married same-sex couples, stepparent adoption combined with Orders of Parentage typically provides the most complete protection. This dual approach ensures both administrative recognition through the birth certificate process and judicial recognition through court orders.
While this may seem redundant, Virginia attorneys often recommend this comprehensive approach because administrative birth certificate amendments alone don't always provide the strongest legal protection, especially when traveling to other states.
Working with experienced attorneys ensures surrogacy contracts support whatever combination of procedures works best for each family.
How Surrogacy Contracts Protect LGBT Parents in Virginia
Virginia's statutory framework provides specific requirements that create important protections when contracts are properly drafted. The state's Assisted Conception Statute establishes enforceable standards.
Essential protections include clear establishment of parental intent, detailed medical decision-making authority, comprehensive expense reimbursement within Virginia's altruistic framework, and compliance with Virginia's consent and waiting period requirements.
Virginia law requires separate legal representation for all parties, strengthening contract enforceability while protecting everyone involved. LGBT-specific contracts should address Virginia's post-birth administrative procedures and coordinate with planned adoption or parentage procedures.
Why Work With a Surrogacy Agency If You're an LGBT Couple in Virginia?
Virginia's complex post-birth procedures make professional guidance particularly valuable. Experienced agencies provide specialized support that addresses Virginia's unique legal framework while coordinating between multiple professionals.
Benefits include access to pre-screened surrogates familiar with Virginia's requirements, legal teams experienced with the state's administrative processes, and coordination between Virginia procedures and additional legal steps.
Agencies help LGBT couples understand how Virginia's approach compares to other states, ensuring informed decisions about where to pursue surrogacy. The post-birth focus requires careful timing coordination that experienced agencies manage effectively.
Additionally, agencies provide pre-birth order expertise for couples who may benefit from pursuing surrogacy in states with more comprehensive protections.
What If Virginia's Approach Doesn't Meet Your Needs?
While Virginia provides pathways for LGBT surrogacy, some couples may prefer states with more streamlined procedures or comprehensive statutory protections. Several alternatives can provide better legal experiences.
States like California, New York, and Vermont offer comprehensive pre-birth orders for same-sex couples regardless of marital status. These states provide immediate legal recognition without post-birth administrative procedures.
Many Virginia residents choose surrogacy in neighboring states like Maryland or DC, which offer more LGBT-inclusive frameworks while maintaining regional accessibility. Some couples pursue hybrid approaches, living in Virginia while working with surrogates in more inclusive states.
For couples seeking maximum legal protection with minimal procedural complexity, exploring other options often provides more comprehensive outcomes than Virginia's current framework.
Finding an LGBT-Friendly Surrogacy Attorney in Virginia
Virginia has experienced attorneys who understand the state's administrative requirements and post-birth procedures.
Colleen Quinn is based in Richmond, Virginia and is a Fellow of the Academy of Adoption and Assisted Reproduction Attorneys. She founded the Adoption & Surrogacy Law Center and specializes in LGBT family law and Virginia surrogacy procedures.
When selecting Virginia attorneys, prioritize Fellowship in the Academy of Adoption and Assisted Reproduction Attorneys, specific experience with Virginia's administrative birth certificate procedures, understanding of LGBT-specific legal challenges, familiarity with interstate coordination, and experience with Virginia's post-birth adoption and parentage procedures.
How to Get Started With LGBT Surrogacy in Virginia
Virginia's framework provides pathways for LGBT couples while requiring careful navigation of specific administrative and legal requirements. Understanding Virginia's approach helps couples decide whether the state's procedures align with their needs.
Essential first steps include consulting with Virginia attorneys experienced with the state's administrative birth certificate process and post-birth requirements. Consider whether Virginia's timeline and procedures work for your family's needs, or whether exploring more LGBT-inclusive neighboring states might provide better outcomes.
Connect with agencies that understand Virginia's unique requirements and can coordinate the complex timing between medical, administrative, and legal procedures. Plan for post-birth legal steps including potential adoption or parentage procedures.
Budget for legal fees, administrative costs, and potential adoption expenses beyond basic surrogacy costs. Virginia's multi-step process can create additional expenses compared to states with simpler pre-birth order procedures.
Virginia represents a middle ground in LGBT surrogacy law - more supportive than restrictive states but requiring more complex procedures than the most progressive jurisdictions. The state's 2019 updates clarified LGBT inclusion, but the administrative focus creates unique planning requirements.
For couples comfortable with post-birth procedures and longer timelines, Virginia provides viable pathways with experienced professionals. For those seeking more streamlined experiences, neighboring states may offer more efficient alternatives.
Ready to explore whether Virginia surrogacy works for your family? Connect with specialists who understand Virginia's specific requirements and can help evaluate whether the state's approach aligns with your family-building goals.