Surrogacy in Virginia [The Complete Guide]

If you’ve been thinking about starting the Virginia surrogacy process, it’s easy to feel unsure of where to start. But no matter what you’re looking for, we can help you get started on the right track.  

Looking for information specific to your city? Explore our guides to surrogacy in:

Virginia Beach | Fairfax | Richmond

Below, you’ll find information on each of the steps that intended parents and gestational carriers go through during the Virginia surrogacy process, along with answers to some common questions about Virginia surrogacy laws. But if you have any questions while you’re reading, don’t forget that you can always contact us to get more answers and information.

The Virginia Surrogacy Process in 7 Steps

When you’re just getting started, the Virginia surrogacy process might be a little confusing.

To help simplify things, here's an overview of what the surrogacy process in Virginia typically looks like.

Step 1: Choose surrogacy.

For some intended parents and surrogates, choosing surrogacy in Virginia is an easy choice. And for others, it will take some time to know that it’s right for them.

Before you make your final decision, be sure to take a look at the pros and cons of surrogacy, Virginia surrogacy laws, and potentially reach out to a professional who can provide support services.

Jennifer and Catelyn will be here to answer any additional questions you may have and to walk you through the legal process of surrogacy in Virginia.

Step 2: Choose the type of surrogacy and your professional.

Once you have decided that Virginia surrogacy is the right choice for you, it’s time to start thinking about the type of surrogacy in Virginia you’re interested in, along with the type of surrogacy professional you’ll work with. There are several different paths to choose from, including:

  • Gestational vs. Traditional: Traditional surrogates use their own eggs in the process, gestational surrogates do not. The vast majority of surrogacy professionals today only complete gestational surrogacies due to the increased legal and emotional risks of traditional surrogacy.
  • Domestic vs. International: The intended parents and surrogate either both reside in the U.S., or the two parties are in different countries. Not all surrogacy professionals will complete international surrogacies.
  • Agency vs. Independent: Surrogacy agencies screen your match, coordinate the process and provide support services from start to finish. In independent surrogacy, you’d handle all of this on your own.

This will be a lot to think about. But no matter which type of surrogacy you choose, we can help you complete the process legally and safely. If you’d like more information about the Virginia surrogacy process, contact us today to get started.

Step 3: Complete the screening processes.

Screening is an essential step in the Virginia surrogacy process. But what does it typically include?

Here’s what the process may consist of for both parties:

Intended Parents:

  • An in-home assessment, as decided on a case-by-case basis
  • An interview
  • Background checks


  • A medical and psychological exam
  • An in-home assessment with background checks
  • A social medical history form

To learn more about what your screening process will include for surrogacy in Virginia, please reach out to your primary surrogacy professional for more information on what to expect.

Step 4: Find a match.

Now that you’ve completed the screening process, it’s time to start looking for the perfect match.

You might have already found the right match. In which case, you may only need a Virginia surrogacy attorney at Jennifer Fairfax, LLC, to help you complete the process. But if you haven’t already found the perfect intended parents or surrogate for your journey, there are two ways to find that match:

  1. Search for, screen and manage a match on your own, in what’s called “independent surrogacy” (without an agency).
  2. Work with a surrogacy agency. They’ll screen a potential surrogacy partner and then support your match throughout the process of surrogacy in Virginia.

Once you’ve found your match, then it will be time to start drafting legal contracts to solidify the match.

Step 5: Create your contract.

For this step, the intended parents and surrogate will each have their own Virginia surrogacy attorney to make sure their rights are represented and respected. You’ll each meet with your Virginia surrogacy lawyer individually to review the legal terms of the journey. After everyone agrees to the terms and each lawyer reviews and approves it, the contract can be signed and the embryo transfer process can begin.

Don’t have a second surrogacy attorney in Virginia in mind? We’ll refer you to local legal representatives whom we trust.

Step 6: Complete the medical process.

Now that your legal contract has been signed and executed, it’s time to get ready for the medical process. This will likely be handled by an agreed-upon fertility clinic.

During this step of the Virginia surrogacy process, the intended mother or the egg donor will start taking medication to help her develop the production of eggs (if the intended parents don’t already have frozen embryos that they’ll be using). Once the egg has been retrieved, it will be then be taken to the laboratory to be fertilized to create an embryo. After that’s done, it will then be transferred to the surrogate.

All of these details and more will be carefully and thoroughly outlined within the contract we help you to create.

Step 7: Welcome the baby.

The birth of the baby is an exciting day for everyone involved. The plan for the hospital stay should already be determined by now within your contract, and the intended parents commonly join the surrogate at the hospital. Once the baby is born and the surrogate is ready to leave the hospital, everyone can head home as they prepare for a new chapter in their lives. Depending on your relationship with one another, you might choose to stay in touch long after the Virginia surrogacy process is over.


We’ll guide everyone through the last legal requirements and ensure that the final steps are as smooth and stress-free as possible so that you can focus on what’s important.

3 Common Questions About Surrogacy in Virginia

We know that you’ll probably have a lot of questions about the surrogacy process in Virginia. Here are a few answers that you should know about the legal side of the process.

“Is surrogacy legal in Virginia?”

Yes, but there are a few rules and regulations, as in any state. Some laws are restrictive, and there are regulations that must be followed before and after the baby is born. Because Virginia surrogacy law can get complicated, we recommend that you speak with a Virginia surrogacy lawyer for more information.

“Is traditional surrogacy legal in Virginia?”

Traditional surrogacy is legal in Virginia, as long as all statutory restrictions are met. However, we (and most Virginia surrogacy professionals) will strongly urge you to consider gestational surrogacy instead, as the traditional path involves increased legal and emotional risks for everyone involved.

“Is compensated surrogacy permitted in Virginia?”

No. Receiving base compensation as a surrogate in Virginia is illegal. According to Virginia law, a surrogate's compensation is limited to medical and auxiliary expenses.


Ready to take the first step for your surrogacy in Virginia? Contact us now to get more information on how to get started.

“I believe in working with each of my clients—in support of their family dynamic—to make the dreams of parenthood a reality. Whether you are single or married; or gay; a step-parent, a surrogate or intended parent or a child of adoption, it is my mission to serve as your advocate. With a dedication to the ethical and sensitive nature of each situation, I will help you understand the laws within Maryland or Washington, DC for adoption or surrogacy, and pledge to be your partner throughout the journey.” - Jennifer Fairfax