Virginia is considered one of the more surrogacy friendly states in the U.S., offering a clear legal framework and supportive environment for both intended parents and surrogates. But what exactly does the process involve, and how do you know if Virginia is the right place for your surrogacy journey?
In this guide, we’ll walk you through everything you need to know about gestational surrogacy in Virginia, including its legal status, costs, requirements to become a surrogate, how the process works, and what happens if you or the intended parents live outside the state.
Is Surrogacy Legal in Virginia?
The Legal Status of Gestational Surrogacy
Gestational surrogacy is legal in Virginia and supported by a specific legal framework that provides structure and protection for all parties involved. The law clearly distinguishes between gestational surrogacy (where the surrogate is not biologically related to the baby) and traditional surrogacy (where the surrogate uses her own egg). In Virginia, gestational surrogacy is permitted and widely practiced, while traditional surrogacy is legally restricted and far more complex. Most surrogacy journeys in the state follow the gestational model for legal clarity and peace of mind.
Intended parents can be single individuals, married couples, or unmarried partners, regardless of sexual orientation. The state also allows for pre-birth parentage orders in many cases, particularly when the surrogacy agreement follows Virginia’s court-approved process. This means intended parents can secure legal parentage before the baby is born, avoiding unnecessary delays or complications at the hospital. However, these pre-birth orders are not automatic. They require specific legal steps and court approval in advance.
Types of Surrogacy Agreements in Virginia
Virginia law allows two types of surrogacy contracts: court-approved agreements and non-court-approved agreements. Court-approved agreements must meet strict criteria, including psychological evaluations, legal representation for both parties, and judicial review before any embryo transfer takes place.
If approved, the court can grant a pre-birth parentage order, which simplifies hospital procedures and guarantees the intended parents’ legal rights from the start. This legal pathway offers strong protection for everyone involved and is typically the most secure option.
Non-court-approved agreements, while still used in some cases, are less predictable. These contracts may still outline the surrogate’s responsibilities and the intended parents’ obligations, but they do not guarantee pre-birth parentage orders. Instead, intended parents might need to complete an adoption or post-birth legal process, which can be emotionally and logistically challenging. For this reason, most reputable agencies and attorneys strongly recommend following the court-approved path whenever possible to avoid legal uncertainty later on.
How Much Does Surrogacy Cost in Virginia?
Average Total Cost for Intended Parents
The total cost of gestational surrogacy in Virginia typically falls between $100,000 and $150,000 or more, depending on the agency, the surrogate’s experience, and the medical journey involved. This amount might feel overwhelming at first, but it reflects the full scope of services, professionals, and care involved throughout the process. Virginia remains a competitive option nationally, especially given the state’s legal clarity and overall surrogate-friendly environment.
Here’s a closer look at what makes up the total cost:
- Surrogate compensation: This includes base pay (which often starts around $40,000 to $50,000), plus additional reimbursements for maternity clothing, embryo transfer procedures, travel, childcare, and missed work.
- Agency fees: These cover the work of screening and matching surrogates, coordinating appointments, offering ongoing support, and managing communication between all parties.
- Medical expenses: IVF procedures, embryo transfer, monitoring appointments, prenatal care, and delivery charges at the hospital are typically included.
- Legal fees: These include drafting and negotiating contracts, obtaining court approvals, and filing for parentage orders, especially if you follow the court-approved process in Virginia.
- Insurance: If the surrogate doesn’t have a suitable health insurance plan, intended parents may need to purchase a special maternity policy or cover additional liability insurance.
In some cases, additional services such as psychological support, escrow management, or embryo storage may also be included or offered as add-ons. Every journey is different, so working with an experienced surrogacy agency can help you map out a budget that fits your needs.
Factors That Influence Cost
Several variables can cause the final cost to rise or fall. A key factor is the experience level of the surrogate. First-time surrogates generally have lower compensation, while experienced ones may request a higher base pay and come with greater confidence in the process. This experience can be a real advantage, especially for first-time intended parents who value emotional stability and familiarity with the journey.
Medical complexity is another important factor. If multiple IVF attempts are needed, or if there are high-risk conditions, unexpected procedures, or a twin pregnancy, medical costs can increase rapidly.
Intended parents also need to consider their legal approach: choosing a court-approved agreement ensures stronger legal protection but may require more legal fees upfront. For out-of-state intended parents, additional costs like travel, accommodation, and time off work to attend key appointments or the surrogate birth should also be factored into the overall budget.
Making Surrogacy More Affordable
Surrogacy represents a significant financial commitment, but several options exist to help intended parents manage the cost. Some agencies and fertility clinics offer flexible payment plans that allow families to divide expenses into more manageable monthly installments. Others provide interest-free financing during key stages of the process.
Fertility grants and scholarships are also available, especially for individuals or couples with a medical diagnosis of infertility. Although these programs are limited and often require an application process, they can provide meaningful support for qualified recipients.
Intended parents may also consider fertility-specific loans or credit lines that are designed to cover expenses like IVF, legal agreements, and surrogate compensation. These options are often used alongside payment plans or savings. Understanding how to afford surrogacy can help families navigate the financial side of the journey with more clarity and less stress. When agencies are transparent about costs and familiar with available support tools, intended parents are better prepared to plan ahead and avoid unexpected obstacles.
How to Become a Surrogate in Virginia
Basic Surrogate Requirements in Virginia
To become a surrogate in Virginia, candidates must meet a series of medical, lifestyle, and legal requirements that ensure safety for both the surrogate and the intended parents. These criteria are set by most agencies and fertility clinics to protect everyone involved and promote a healthy, stable experience from start to finish.
Common surrogate requirements include:
- Age between 21 and 40 years old (37 years old with Surrogacy By Faith)
- At least one prior full-term pregnancy and delivery
- Good physical and mental health, with no history of pregnancy complications
- Non-smoker and no drug or alcohol abuse
- Healthy BMI, typically between 19 and 32
- U.S. citizenship or permanent residency
- Living in a stable home environment with financial independence (not relying on public assistance)
- Ability to pass a background check
- Willingness to attend medical appointments and follow legal agreements
These qualifications ensure that the surrogate is not only physically prepared to carry a child but also emotionally ready and well-supported throughout the process.
Screening and Matching Process
Once a candidate meets the basic criteria, she begins a comprehensive screening process led by the agency and fertility clinic. The first step is a full medical evaluation, including blood tests, pelvic exams, and a review of past pregnancy and delivery records. This is followed by a psychological evaluation to assess mental health and emotional readiness. Surrogates are also asked to complete detailed questionnaires about their personal motivations, lifestyle, and expectations for the journey.
After screening is complete, the agency works to find the right match between the surrogate and intended parents. This part of the process is thoughtful and intentional, focusing on compatibility in values, communication style, and preferences about the pregnancy. Introductory meetings, virtual or in person, are arranged to build mutual trust and ensure everyone feels aligned. Once a match is confirmed, the legal phase begins, with contracts that clearly outline responsibilities, decision-making rights, compensation, and steps to follow throughout the journey. A strong match often leads to a deeply positive and collaborative experience for both the surrogate and the intended parents.
The Surrogacy Process in Virginia
Step-by-Step Journey for Intended Parents
The surrogacy journey in Virginia begins with an initial consultation, eligibility review and psychological screening for intended parents. Intended parents meet with a surrogacy agency or legal professional to share their goals, medical background, and family-building timeline. This stage helps determine whether surrogacy is the right fit and clarifies important factors like embryo availability, insurance needs, or any legal restrictions based on marital status or sexual orientation.
Once eligibility is confirmed, the agency begins the matching process, searching for a surrogate whose values, expectations, and lifestyle align with the intended parents. This process is highly personalized and may involve video calls, background sharing, and a period of mutual reflection before either party commits.
When both the surrogate and intended parents agree to move forward, they enter the phase of the surrogacy contracts. Specialized attorneys draft and negotiate the agreement to outline each party’s rights and responsibilities, decisions around sensitive topics like selective reduction, and a detailed compensation structure.
Once legal clearance is complete, the medical phase begins. Embryos are created using the intended parents’ or donors’ genetic material and are transferred to the surrogate’s uterus through IVF. If pregnancy is confirmed, the surrogate receives prenatal care locally, and the intended parents are kept involved through regular updates, milestone tracking, and optional attendance at key appointments. In parallel, the legal team prepares a pre-birth order, allowing the intended parents to be recognized as the baby’s legal parents from the moment of birth, streamlining hospital procedures and documentation.
What Surrogates Can Expect
For surrogates, the process begins with medical preparation after legal contracts are signed. Hormonal medications such as estrogen and progesterone are prescribed to prepare the uterine lining, and monitoring takes place at a fertility clinic through blood tests and ultrasounds. The embryo transfer itself is a simple, non-invasive procedure, followed by a short recovery period.
After a positive pregnancy test, the surrogate transitions to her local OB/GYN for prenatal care, though she remains connected to the agency and fertility clinic throughout the early weeks. The agency provides continuous support, answering questions, coordinating logistics, and checking in regularly to ensure the surrogate feels respected, heard, and empowered at every stage.
Surrogates follow a structured compensation schedule, which includes a base fee along with allowances for things like maternity clothes, travel, childcare during appointments, and time off work. The surrogate compensation begins after the contract is signed and increases through the pregnancy.
Equally important is the emotional support offered by many agencies, including access to counseling, peer communities, and one-on-one surrogate coordinators. These support systems help surrogates navigate both the joys and the challenges of pregnancy. After delivery, most agencies continue to offer guidance and check-ins to ensure a smooth postpartum experience. Many surrogates describe their journey not just as a medical process, but as a deeply human experience marked by connection, purpose, and pride.
Can You Pursue Surrogacy in Virginia If You Don’t Live There?
Working With a Surrogate Who Lives in Virginia
You do not have to live in Virginia to pursue surrogacy with a surrogate who resides there. In fact, many intended parents from across the country choose Virginia specifically because of its surrogacy-friendly laws, experienced agencies, and reliable legal protections. Whether you live in a neighboring state or on the opposite coast, working with a Virginia-based surrogate is entirely possible. Travel is usually only required for key milestones, such as the embryo transfer and the delivery. Most communication happens remotely, and agencies help coordinate logistics from start to finish.
Virginia allows intended parents to obtain pre-birth or post-birth parentage orders, even if they are not residents of the state. This legal flexibility makes Virginia an attractive option for intended parents in states with more restrictive surrogacy laws. The most important factor is working with an attorney who is familiar with Virginia surrogacy law and who can navigate the court process correctly. Agencies often have legal teams ready to handle these details and guide out-of-state families through each step with clarity and confidence.
Becoming a Surrogate in Virginia for Out-of-State Parents
If you live in Virginia and want to become a surrogate, you can absolutely carry a pregnancy for intended parents who live elsewhere in the United States. In fact, this is common. Many surrogates work with families from New York, California, Florida, or states where surrogacy is less accessible. The agency will coordinate communication and travel so that you are not responsible for managing logistics on your own. The goal is to keep the process smooth, even if the intended parents are not physically nearby.
As a surrogate, you will attend your medical screenings, embryo transfer, and prenatal appointments locally. The intended parents may travel to join you for key moments like the embryo transfer or the birth, but otherwise, most updates and check-ins are done remotely. The agency handles all cross-state coordination, from legal paperwork to hospital planning. You’ll still receive the same high level of care and compensation, regardless of where the intended parents live. What matters most is that both parties feel supported, connected, and well-prepared, no matter the distance.
Why Choose Surrogacy by Faith
At Surrogacy by Faith, every journey begins with compassion, clarity, and purpose. The agency has a team of women who have all been surrogates themselves, which means they bring lived experience to every conversation, decision, and challenge. They understand what it means to carry a pregnancy for someone else, and they use that insight to guide, support, and care for both surrogates and intended parents throughout the entire process.
Rather than offering a one-size-fits-all approach, the agency focuses on building real relationships rooted in trust and transparency. Intended parents are supported through every stage, from the first consultation to the post-birth legal steps, with honest guidance and thoughtful coordination. Surrogates are treated with respect, supported emotionally and logistically, and fairly compensated for their commitment. The agency also follows clear ethical boundaries, including a respectful stance on medical decisions like pregnancy termination, which are always discussed openly from the start to ensure alignment.
Grounded in strong spiritual and ethical values, Surrogacy by Faith takes a deeply human approach to family building. To begin your journey, visit the page for intended parents or explore how to become a surrogate with the guidance of a team that truly understands what this path means.