Surrogacy Contracts in Virginia: Everything You Need to Know

Contracts determine how surrogacy journeys unfold in Virginia. They provide the structure and protections needed for intended parents and surrogates to move forward.

For intended parents, a well-drafted contract clarifies parental rights, financial responsibilities and how medical care will be coordinated. For surrogates, it defines protections around health, autonomy, time commitments and expense reimbursement. Putting these roles in writing helps everyone stay on the same page and avoid unnecessary delays.

So, what exactly goes into surrogacy contracts in Virginia? Below, we’ll go over what to include, how enforceability works under state law, what the legal clearance process looks like and how sensitive topics are addressed. For more information, you can fill out our online form to speak with a surrogacy specialist.

What Should Be Included in a Surrogacy Contract in Virginia?

Understanding surrogacy contract basics can help intended parents and surrogates prepare for the contract negotiation stage. While every agreement is unique, most Virginia contracts follow similar structures and address the same issues. This includes:

Reimbursement of pregnancy-related expenses, including medical costs, reasonable living expenses and other documented costs permitted under Virginia law
Medical decision-making rights
Delivery and postpartum plans, such as hospital logistics and recovery support
Termination and selective reduction clauses
Lifestyle expectations, including travel, exercise and diet guidelines
Legal recognition of the intended parents, including how and when rights will be established under state law

How long does a surrogacy contract last? In most cases, it becomes effective once signed and remains in force through delivery and postpartum obligations. It may extend several months after birth to address things like recovery or pumping agreements.

Legal Clearance: The Final Step Before Transfer

Under Virginia law, gestational surrogacy agreements are subject to specific statutory requirements, including court involvement related to parentage. Because of this, there is a legal clearance process that must be completed before embryo transfer can occur.

Typically, the following steps are completed before any medical procedures move forward:

Drafting the initial surrogacy agreement by experienced legal counsel
Independent legal review by the surrogate’s attorney
Negotiation and revisions during the contract negotiation stage
Final signing and notarization of the agreement
Completion of required legal filings or confirmations related to Virginia’s assisted conception statutes
Confirmation to the fertility clinic that legal requirements have been met

Fertility clinics and attorneys rely on this legal review as a formal checkpoint to confirm that the surrogacy agreement complies with Virginia law and that all required steps have been satisfied before medical treatment begins.

Can Surrogacy Contracts Be Enforced in Virginia?

Yes, surrogacy contracts can be enforced under Virginia law when they meet specific legal requirements. Virginia recognizes gestational surrogacy agreements that follow state statutes.

That said, not every provision in a surrogacy contract is enforceable. Unenforceable contract terms include provisions that attempt to override bodily autonomy or require specific medical procedures. While contracts help set expectations and outline responsibilities, they cannot force a surrogate to make decisions against her will.

What Happens if a Surrogacy Contract Is Breached?

It’s natural to wonder what happens if something doesn’t go as planned. Generally, both intended parents and surrogates are committed to following through on their responsibilities.

If an issue does come up, the breach of surrogacy contract consequences are typically outlined in advance. The goal is to correct the issue and keep the journey moving forward, not to create conflict.

Most agreements also include contract disputes mediation as a first step if concerns arise. Mediation provides a private, structured way to talk through issues and reach a resolution, helping protect the working relationship.

Reimbursement of Surrogacy-Related Expenses in Virginia

Virginia law does not permit traditional paid surrogacy arrangements. However, surrogates can be reimbursed for reasonable, pregnancy-related expenses. This includes:

Medical expenses related to pregnancy, delivery and postpartum care
Travel required for medical appointments
Maternity clothing and other pregnancy-related necessities
Additional childcare or household support required due to medical limitations
And more

To protect both parties, funds are usually deposited in advance and managed through escrow accounts, with disbursements tied to documented expenses. This structure creates transparency, prevents disputes and supports compliance with Virginia’s legal framework.

Medical Decisions and Control During Pregnancy

Medical decisions during a surrogacy journey can be complex. The goal of a surrogacy contract is to support collaboration between intended parents and the surrogate while clearly protecting the surrogate’s bodily autonomy.

To make expectations clear, contracts typically address the following areas:

Medical Records Access Rights
Intended parents usually receive updates related to the pregnancy, such as appointment outcomes and major developments. The surrogate’s unrelated or preexisting medical information remains private.

Choosing an OB Doctor for Surrogacy
Contracts often outline how the obstetrician is selected. Discussing this early helps ensure consistent communication and comfort throughout prenatal care.

Medication Approval Process
Agreements explain how medications are handled during IVF preparation and early pregnancy. Intended parents may be informed about prescribed protocols, but the surrogate retains the right to consent to medications and treatments recommended by her medical providers.

Overall, intended parents play an active role in planning and staying informed, while the surrogate remains the final decision-maker when it comes to her medical care. By addressing these topics upfront, the contract reduces uncertainty and helps avoid setbacks later in the pregnancy.

Termination and Selective Reduction Clauses

Termination and selective reduction are among the most sensitive topics addressed in a Virginia surrogacy contract. Abortion decisions in contracts help everyone understand how serious medical situations would be handled if they arise.

While a contract can outline shared expectations regarding termination for medical reasons or selective reduction, these provisions must align with Virginia law and cannot require a surrogate to end or continue a pregnancy against her will. Because these issues are deeply personal and dependent on state law, it’s important to find an agency that ensures intended parents’ and surrogates’ values are aligned.

Lifestyle Clauses: Travel, Diet and Daily Life Considerations

Lifestyle clauses aren’t about being in control. Rather, these provisions exist to reduce medical risk and align expectations before pregnancy begins.

Here are some typical areas addressed in Virginia surrogacy contracts:

Travel Restrictions During Pregnancy
Contracts often limit long-distance or international travel after certain milestones when being close to the delivery hospital becomes medically important. These provisions help reduce risks related to emergency care, jurisdictional issues or premature labor.

Diet Restrictions in Surrogacy
Contracts commonly reflect standard prenatal recommendations, such as avoiding foods known to increase pregnancy-related risks.

Exercise Restrictions in Surrogacy
Lifestyle clauses may discourage high-risk activities while allowing or encouraging low-impact exercise approved by a healthcare provider.

These lifestyle terms are negotiated in advance and can be clarified or tailored as needed.

Delivery Plans and Post-Birth Expectations

To improve clarity and avoid last-minute uncertainty, contracts typically outline expectations in the following areas:

Delivery Room Presence Rights
Agreements specify who may be present during labor and delivery, how plans may change if medical complications arise and how hospital staff will be informed of the agreed-upon arrangements.

Immediate Post-Birth Care and Custody
Contracts often address when intended parents may take physical custody of the baby, how early bonding time is handled and how hospital procedures are coordinated so the surrogate can focus on recovery.

Recovery Reimbursements
Agreements may outline reimbursement for documented, pregnancy-related expenses during postpartum recovery, such as additional childcare, household help or medical needs related to healing after delivery.

Pumping Agreement
If breast milk is requested, the contract may outline details like the duration of pumping and coverage for supplies.

Insurance Requirements for Surrogacy Journey Contracts

Clear insurance provisions help ensure that pregnancy-related expenses are covered appropriately and that financial responsibility is clearly defined before medical treatment begins.

Contracts require a thorough review of the surrogate’s health insurance to confirm whether the policy is surrogate-friendly. Virginia does not mandate IVF or surrogacy coverage, so many standard plans exclude surrogacy pregnancies. Intended parents may need to purchase a surrogacy-specific policy.

Disability insurance coverage is also frequently required to address scenarios involving physician-ordered bed rest or pregnancy-related complications that prevent the surrogate from working. These policies help replace lost income and reduce financial stress during recovery.

Finally, surrogacy contracts often list life insurance requirements. This protection safeguards the surrogate’s family in the unlikely event of a serious complication.

Agency vs. Independent Surrogacy Journeys: Legal and Emotional Considerations

How a surrogacy journey is structured has a direct impact on how contracts are negotiated, managed and supported.

With an agency-supported surrogacy journey, much of the contract-related coordination is handled by experienced professionals. Agencies typically assist with:

Referrals to experienced surrogacy attorneys
Escrow setup and payment coordination
Guidance during contract negotiations
Mediation support if questions or disputes arise

By contrast, independent surrogacy places responsibility for these tasks directly on the intended parents and surrogate. This can mean managing legal counsel, creating an independent surrogacy contract and setting up escrow services without third-party support.

For many Virginia families and surrogates, agency-supported surrogacy provides added peace of mind by helping manage contract responsibilities and reduce uncertainty — especially when situations arise that were difficult to anticipate at the outset.

Ensure Your Virginia Surrogacy Contract Covers Every Detail

Well-drafted surrogacy contracts in Virginia create security, clarity and trust from the very beginning. With experienced guidance, both intended parents and surrogates can feel confident that every detail has been addressed.

Need help getting started with the surrogacy progress? Speak with a surrogacy specialist by filling out our online form. You can also reach out to one of these Virginia-based attorneys for support with your surrogacy contract.