Many people consider surrogacy as a way to begin or add to a family, whether that be an individual or couple who is unable to carry a child of their own or a woman who is willing to use her ability to reproduce to help others have a child.
When you first consider surrogacy from either side, you probably do not have a lot of knowledge about the subject and are looking for more information to make a decision. Different states have different laws about surrogacy, but we will concentrate on Virginia’s surrogacy laws.
Surrogacy is enforceable by statute in Virginia. While there is a pre-embryo transfer court-approved process it is very rarely used and the typical route is to proceed with a non-court-approved contract.
While Virginia does not have a statutory system for obtaining a pre-birth order, state judges give full faith and credit to out-of-state pre-birth orders. In addition, Virginia has an easy-to-use post-birth process for obtaining the birth certificate naming the intended parent(s). We also have the option of obtaining a post-birth order in Virginia under the parentage statutes.
Typically, a Virginia-based contract can also be used to obtain a pre-birth order in that other state if the birth is to occur in that state.
Continue reading for more on what to know about surrogacy before you begin your journey.
Important Surrogacy Terms
Surrogacy is an arrangement wherein a woman agrees to have a child for the benefit of another individual or family. In practice, surrogacy described a number of possible arrangements or agreements between parties. Here’s a quick guide to some important terms:
Intended parents, including intended mothers and/or intended fathers, are those who will receive the baby from the surrogate after the birth. Usually, at least one intended parent is genetically related to the child; however, Virginia law now allows for a single intended parent or married couple to use a donor embryo or the combination of donor egg and donor sperm.
A traditional surrogate is a woman who uses her own egg to conceive a child, which she carries for the benefit of another individual or couple. The traditional surrogate is the genetic mother of the child. Traditional surrogacy occurs when through artificial insemination sperm from an intended father or donor is used to fertilize the surrogate’s egg.
Gestational Surrogacy is the process where an embryo is created from egg and sperm from both or either the intended parent(s) or from donors using in vitro fertilization, and then is implanted into the uterus of a carrier. A gestational carrier or gestational surrogate is not genetically related to the child.
An altruistic or fully compassionate surrogacy is one in which a woman volunteers to carry a pregnancy for an intended parent or parents without receiving any reimbursement amounts in return other than actual out-of-pocket expenses. Most altruistic or compassionate surrogates are family members or close friends of an intended parent.
Non-compassionate surrogacy occurs when a surrogate receives additional monthly living and household expense amounts that are beyond what a compassionate surrogate would receive.
A surrogacy program receives compensation for matching intended parents with surrogates and is not permissible in Virginia unless the match itself is at no charge. Virginia residents contemplating working with a surrogacy program should consult legal counsel to avoid potential criminal and civil penalties.
Independent or self-matched surrogacy is permissible in Virginia and is when intended parent(s) and surrogates locate each other more directly and without paying anybody to be matched. At Quinn Law Centers, we review all of the permissible matching options and possibilities available to intended parent(s) and surrogates in Virginia.
Surrogacies can be arranged over state lines or even international borders. Domestic surrogacy occurs when both the surrogate and intended parent(s) live in the same country. International surrogacy involves a surrogate and intended parent(s) in different countries.
Professional Team for Surrogacy Support
Once you decide surrogacy is the right path, you need to start planning, including putting together a team of professionals to help you through the process and ensure that your rights – either as a surrogate or intended parent – are not violated by anyone involved in the process.
Professionals you should add to your team include:
- A surrogacy attorney to ensure that the process goes smoothly and legally – an attorney could also help when disputes between the surrogate and intended parents arise.
- A team of healthcare providers willing to work with the surrogate and intended parent(s) – this team should include an OBGYN, reproductive endocrinologist, and/or fertility clinic.
- Mental health professionals help the surrogate and intended parents become emotionally prepared for the entire process, including the time when the surrogate hands the baby to the intended parents.
What to Know About Surrogacy Cost
While the cost of being a surrogate varies depending on several factors, in most cases, the intended parents pay these costs, including doctors’ visits, attorney fees, household and living expenses related to the pregnancy, transportation costs, insurance costs, childcare, house cleaning, maternity clothing, vitamins, medications and any other expenses related to the pregnancy.
A good surrogate contract outlines what the intended parents are expected to pay or cover. It is important to hire experienced legal counsel to ensure that the surrogacy contract covers all agreed-upon terms and contingencies.
Qualifications of Becoming a Surrogate
If you are considering becoming a surrogate, you should meet basic requirements, including:
- You must be of sound mind.
- You must be in good health, physically and mentally.
- You should have had at least one pregnancy with no complications.
- You should reconsider if you are high risk, such as over 40 years old, have had three or more previous C-sections and five births total or are on medications for a condition.
- Some fertility clinics may:
- Limit the age of surrogates
- Not accept surrogates with STDs
- Not accept surrogates who smoke, drink or take illegal drugs
- Not accept surrogates on public assistance
- Require a background check
- Require being in a stable state of life
- Require psychological and mental health clearance
What to Know About Surrogacy Risks
The intended parent(s) may come up against financial and emotional risks during their surrogacy journey. These could include any number of potential problems or complications.
For example, there is never a guarantee that the surrogate becomes pregnant after IVF – and the procedure is costly. The pregnancy may also not go to term. The child might not be born healthy. Or, the surrogate could develop medical complications putting her life and/or that of the fetus at risk.
There is always the risk that the level of communication and confidentiality may not meet the expectations of all parties. There is also the risk that the parties will not have similar abortion and selective reduction views. Thus it is important to have a well-constructed surrogacy contract that addresses all of the parties’ expectations.
Seeking Advice from a Virginia Surrogacy Attorney
If you are considering becoming a surrogate or want to have a baby and need a surrogate or gestational carrier, you need to have a roadmap. When it comes to familiarizing yourself with what to know about surrogacy, there are many moving parts. Your best course of action in the early stages of the process is to seek advice and support from a surrogacy attorney. At Quinn Law Centers, we will ensure that you are taking the proper steps to protect yourself as you navigate this emotional, and rewarding, journey.