{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/20-158.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/20-158.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/20-158.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/20-158.html"}],"law_id":64023,"edition_id":1,"section_id":64023,"structure_id":13295,"section_number":"20-158","catch_line":"Parentage of child resulting from assisted conception","history":"1991, c. 600; 1997, c. 81; 2000, c. 830; 2019, c. 375.","full_text":"A\n\nDetermination of parentage, generally. \u2014 Except as provided in subsections B, C, D, and E, the parentage of any child resulting from the performance of assisted conception shall be determined as follows:1\n\nThe gestational mother of a child is the child’s mother.2\n\nThe spouse of the gestational mother of a child is the child’s other parent, notwithstanding any declaration of invalidity or annulment of the marriage obtained after the performance of assisted conception, unless such spouse commences an action in which the mother and child are parties within two years after such spouse discovers or, in the exercise of due diligence, reasonably should have discovered the child’s birth and in which it is determined that such spouse did not consent to the performance of assisted conception.3\n\nA donor is not the parent of a child conceived through assisted conception, unless the donor is the spouse of the gestational mother.B\n\nDeath of spouse. — Any child resulting from the insemination of a gestational mother’s ovum using her spouse’s sperm, with his consent, is the child of the gestational mother and her spouse notwithstanding that, during the 10-month period immediately preceding the birth, either party died.\n\t\t\tHowever, any person who dies before in utero implantation of an embryo resulting from the union of the spouse’s sperm or gestational mother’s ovum with another gamete, whether or not the other gamete is that of the person’s spouse, is not the parent of any resulting child unless (i) implantation occurs before notice of the death can reasonably be communicated to the physician performing the procedure or (ii) the person consents to be a parent in writing executed before the implantation.C\n\nDivorce. — Any child resulting from insemination of a gestational mother’s ovum using her spouse’s sperm, with his consent, is the child of the gestational mother and her spouse notwithstanding that either party filed for a divorce or annulment during the 10-month period immediately preceding the birth. Any person who is a party to an action for divorce or annulment commenced by filing before in utero implantation of an embryo resulting from the union of the spouse’s sperm or gestational mother’s ovum with another gamete, whether or not the other gamete is that of the person’s spouse, is not the parent of any resulting child unless (i) implantation occurs before notice of the filing can reasonably be communicated to the physician performing the procedure or (ii) the person consents in writing to be a parent, whether the writing was executed before or after the implantation.D\n\nBirth pursuant to court approved surrogacy contract. — After approval of a surrogacy contract by the court and entry of an order as provided in subsection D of § 20-160, the intended parent is the parent of any resulting child. However, if the court vacates the order approving the agreement pursuant to subsection B of § 20-161, the surrogate who is the genetic parent is the mother of the resulting child and her spouse, if any, is the other parent. The intended parent may only obtain parental rights through adoption as provided in Chapter 12 (§ 63.2-1200 et seq.) of Title 63.2.E\n\nBirth pursuant to surrogacy contract not approved by court. \u2014 In the case of a surrogacy contract that has not been approved by a court as provided in \u00a7 20-160, the parentage of any resulting child shall be determined as follows:1\n\nThe gestational mother is the child’s mother unless the intended mother is a genetic parent, in which case the intended mother is the mother.2\n\nIf an intended parent is a genetic parent of the resulting child, such intended parent is the child’s parent. However, if (i) the surrogate is a genetic parent, (ii) the surrogate is married and her spouse is a party to the surrogacy contract, and (iii) the surrogate who is a genetic parent exercises her right to retain custody and parental rights to the resulting child pursuant to § 20-162, then the surrogate and her spouse are the parents. If the surrogate is unmarried and (a) is a genetic parent, (b) is a party to the surrogacy contract, and (c) exercises her right to retain custody and parental rights to the resulting child pursuant to § 20-162, then the surrogate is the parent.3\n\nIf no intended parent is a genetic parent of the resulting child, but the embryo that was used is subject to the legal or contractual custody of an intended parent, then such intended parent is the parent. However, if no intended parent is a genetic parent, and the embryo that was used is not subject to the legal or contractual custody of such intended parent, then the surrogate is the mother and her spouse, if any, is the child’s other parent if such other parent is a party to the contract. In such an event, the intended parent may only obtain parental rights through adoption as provided in Chapter 12 (§ 63.2-1200 et seq.) of Title 63.2.4\n\nAfter the signing and filing of the surrogate consent and report form in conformance with the requirements of subsection A of § 20-162, the intended parent is the parent of the child and the surrogate and her spouse, if any, shall not be the parents of the child.","order_by":null,"text":{"0":{"id":233121,"text":"Determination of parentage, generally. \u2014 Except as provided in subsections B, C, D, and E, the parentage of any child resulting from the performance of assisted conception shall be determined as follows:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":233122,"text":"The gestational mother of a child is the child’s mother.","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":233123,"text":"The spouse of the gestational mother of a child is the child’s other parent, notwithstanding any declaration of invalidity or annulment of the marriage obtained after the performance of assisted conception, unless such spouse commences an action in which the mother and child are parties within two years after such spouse discovers or, in the exercise of due diligence, reasonably should have discovered the child’s birth and in which it is determined that such spouse did not consent to the performance of assisted conception.","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":233124,"text":"A donor is not the parent of a child conceived through assisted conception, unless the donor is the spouse of the gestational mother.","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"B"},"4":{"id":233125,"text":"Death of spouse. — Any child resulting from the insemination of a gestational mother’s ovum using her spouse’s sperm, with his consent, is the child of the gestational mother and her spouse notwithstanding that, during the 10-month period immediately preceding the birth, either party died.\n\t\t\tHowever, any person who dies before in utero implantation of an embryo resulting from the union of the spouse’s sperm or gestational mother’s ovum with another gamete, whether or not the other gamete is that of the person’s spouse, is not the parent of any resulting child unless (i) implantation occurs before notice of the death can reasonably be communicated to the physician performing the procedure or (ii) the person consents to be a parent in writing executed before the implantation.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A3","next_prefix":"C"},"5":{"id":233126,"text":"Divorce. — Any child resulting from insemination of a gestational mother’s ovum using her spouse’s sperm, with his consent, is the child of the gestational mother and her spouse notwithstanding that either party filed for a divorce or annulment during the 10-month period immediately preceding the birth. Any person who is a party to an action for divorce or annulment commenced by filing before in utero implantation of an embryo resulting from the union of the spouse’s sperm or gestational mother’s ovum with another gamete, whether or not the other gamete is that of the person’s spouse, is not the parent of any resulting child unless (i) implantation occurs before notice of the filing can reasonably be communicated to the physician performing the procedure or (ii) the person consents in writing to be a parent, whether the writing was executed before or after the implantation.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"6":{"id":233127,"text":"Birth pursuant to court approved surrogacy contract. — After approval of a surrogacy contract by the court and entry of an order as provided in subsection D of § 20-160, the intended parent is the parent of any resulting child. However, if the court vacates the order approving the agreement pursuant to subsection B of § 20-161, the surrogate who is the genetic parent is the mother of the resulting child and her spouse, if any, is the other parent. The intended parent may only obtain parental rights through adoption as provided in Chapter 12 (§ 63.2-1200 et seq.) of Title 63.2.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"7":{"id":233128,"text":"Birth pursuant to surrogacy contract not approved by court. \u2014 In the case of a surrogacy contract that has not been approved by a court as provided in \u00a7 20-160, the parentage of any resulting child shall be determined as follows:","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"E1"},"8":{"id":233129,"text":"The gestational mother is the child’s mother unless the intended mother is a genetic parent, in which case the intended mother is the mother.","type":"section","prefixes":["E","1"],"prefix":"1","entire_prefix":"E1","prefix_anchor":"E1","level":2,"prior_prefix":"E","next_prefix":"E2"},"9":{"id":233130,"text":"If an intended parent is a genetic parent of the resulting child, such intended parent is the child’s parent. However, if (i) the surrogate is a genetic parent, (ii) the surrogate is married and her spouse is a party to the surrogacy contract, and (iii) the surrogate who is a genetic parent exercises her right to retain custody and parental rights to the resulting child pursuant to § 20-162, then the surrogate and her spouse are the parents. If the surrogate is unmarried and (a) is a genetic parent, (b) is a party to the surrogacy contract, and (c) exercises her right to retain custody and parental rights to the resulting child pursuant to § 20-162, then the surrogate is the parent.","type":"section","prefixes":["E","2"],"prefix":"2","entire_prefix":"E2","prefix_anchor":"E2","level":2,"prior_prefix":"E1","next_prefix":"E3"},"10":{"id":233131,"text":"If no intended parent is a genetic parent of the resulting child, but the embryo that was used is subject to the legal or contractual custody of an intended parent, then such intended parent is the parent. However, if no intended parent is a genetic parent, and the embryo that was used is not subject to the legal or contractual custody of such intended parent, then the surrogate is the mother and her spouse, if any, is the child’s other parent if such other parent is a party to the contract. In such an event, the intended parent may only obtain parental rights through adoption as provided in Chapter 12 (§ 63.2-1200 et seq.) of Title 63.2.","type":"section","prefixes":["E","3"],"prefix":"3","entire_prefix":"E3","prefix_anchor":"E3","level":2,"prior_prefix":"E2","next_prefix":"E4"},"11":{"id":233132,"text":"After the signing and filing of the surrogate consent and report form in conformance with the requirements of subsection A of § 20-162, the intended parent is the parent of the child and the surrogate and her spouse, if any, shall not be the parents of the child.","type":"section","prefixes":["E","4"],"prefix":"4","entire_prefix":"E4","prefix_anchor":"E4","level":2,"prior_prefix":"E3"}},"ancestry":[{"id":13295,"edition_id":1,"name":"Status of Children of Assisted Conception","identifier":"9","label":"chapter","depth":2,"order_by":1,"parent_id":12711,"metadata":{},"date_created":"2026-06-26 03:44:35","date_modified":"2026-06-26 03:44:35","permalink":{"id":179423,"object_type":"structure","relational_id":13295,"identifier":"9","token":"20\/9","url":"\/20\/9\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12711,"edition_id":1,"name":"Domestic Relations","identifier":"20","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":178075,"object_type":"structure","relational_id":12711,"identifier":"20","token":"20","url":"\/20\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":82276,"structure_id":13295,"section_number":"20-156","catch_line":"Definitions","url":"\/20-156\/","token":"20\/9\/20-156","metadata":false},{"id":72814,"structure_id":13295,"section_number":"20-157","catch_line":"Virginia law to control","url":"\/20-157\/","token":"20\/9\/20-157","metadata":false},{"id":64023,"structure_id":13295,"section_number":"20-158","catch_line":"Parentage of child resulting from assisted conception","url":"\/20-158\/","token":"20\/9\/20-158","metadata":false},{"id":58977,"structure_id":13295,"section_number":"20-159","catch_line":"Surrogacy contracts permissible","url":"\/20-159\/","token":"20\/9\/20-159","metadata":false},{"id":54684,"structure_id":13295,"section_number":"20-160","catch_line":"Petition and hearing for court approval of surrogacy contract; requirements; orders","url":"\/20-160\/","token":"20\/9\/20-160","metadata":false},{"id":78021,"structure_id":13295,"section_number":"20-161","catch_line":"Termination of court-approved surrogacy contract","url":"\/20-161\/","token":"20\/9\/20-161","metadata":false},{"id":62248,"structure_id":13295,"section_number":"20-162","catch_line":"Contracts not approved by the court; requirements","url":"\/20-162\/","token":"20\/9\/20-162","metadata":false},{"id":72103,"structure_id":13295,"section_number":"20-163","catch_line":"Miscellaneous provisions related to all surrogacy contracts","url":"\/20-163\/","token":"20\/9\/20-163","metadata":false},{"id":54285,"structure_id":13295,"section_number":"20-164","catch_line":"Relation of parent and child","url":"\/20-164\/","token":"20\/9\/20-164","metadata":false},{"id":57273,"structure_id":13295,"section_number":"20-165","catch_line":"Surrogate brokers prohibited; penalty; liability of surrogate brokers","url":"\/20-165\/","token":"20\/9\/20-165","metadata":false}],"previous_section":{"id":72814,"structure_id":13295,"section_number":"20-157","catch_line":"Virginia law to control","url":"\/20-157\/","token":"20\/9\/20-157","metadata":false},"next_section":{"id":58977,"structure_id":13295,"section_number":"20-159","catch_line":"Surrogacy contracts permissible","url":"\/20-159\/","token":"20\/9\/20-159","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/20-158\/","history_text":"

This law was first created in 1991. The record of its establishment is cataloged in chapter 600 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1991 \u201cActs\u201d aren\u2019t available online. It has been modified 3 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1997, chapter 81<\/a>; in 2000, chapter 830<\/a>; in 2019, chapter 375<\/a>.<\/p>","references":[{"id":70620,"section_number":"16.1-349","catch_line":"Definitions","order_by":null,"url":"\/16.1-349\/"}],"refers_to":[{"id":54684,"section_number":"20-160","catch_line":"Petition and hearing for court approval of surrogacy contract; requirements; orders","order_by":null,"url":"\/20-160\/"},{"id":78021,"section_number":"20-161","catch_line":"Termination of court-approved surrogacy contract","order_by":null,"url":"\/20-161\/"},{"id":62248,"section_number":"20-162","catch_line":"Contracts not approved by the court; requirements","order_by":null,"url":"\/20-162\/"},{"id":67454,"section_number":"63.2-1200","catch_line":"Who may place children for adoption","order_by":null,"url":"\/63.2-1200\/"}],"permalink":{"id":179433,"object_type":"law","relational_id":64023,"identifier":"20-158","token":"20\/9\/20-158","url":"\/20-158\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/20-158\/","token":"20\/9\/20-158","dublin_core":{"Title":"Parentage of child resulting from assisted conception","Type":"Text","Format":"text\/html","Identifier":"\u00a7 20-158","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Determination of parentage, generally. \u2014 Except as provided in subsections B, C, D, and E, the parentage of any child resulting from the performance of assisted conception<\/span> shall be determined as follows: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The gestational mother<\/span> of a child is the child’s mother. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The spouse of the gestational mother<\/span> of a child is the child’s other parent, notwithstanding any declaration of invalidity or annulment<\/span> of the marriage obtained after the performance of assisted conception<\/span>, unless such spouse commences an action in which the mother and child are parties within two years after such spouse discovers or, in the exercise of due diligence, reasonably should have discovered the child’s birth and in which it is determined that such spouse did not consent to the performance of assisted conception<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> A donor<\/span> is not the parent of a child conceived through assisted conception<\/span>, unless the donor<\/span> is the spouse of the gestational mother<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Death of spouse. — Any child resulting from the insemination of a gestational mother<\/span>’s ovum<\/span> using her spouse’s sperm<\/span>, with his consent, is the child of the gestational mother<\/span> and her spouse notwithstanding that, during the 10-month period immediately preceding the birth, either party<\/span> died.\n\t\t\tHowever, any person who dies before in utero implantation of an embryo<\/span> resulting from the union of the spouse’s sperm<\/span> or gestational mother<\/span>’s ovum<\/span> with another gamete<\/span>, whether or not the other gamete<\/span> is that of the person’s spouse, is not the parent of any resulting child unless (i) implantation occurs before notice of the death can reasonably be communicated to the physician performing the procedure or (ii) the person consents to be a parent in writing executed before the implantation. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Divorce. — Any child resulting from insemination of a gestational mother<\/span>’s ovum<\/span> using her spouse’s sperm<\/span>, with his consent, is the child of the gestational mother<\/span> and her spouse notwithstanding that either party<\/span> filed for a divorce or annulment<\/span> during the 10-month period immediately preceding the birth. Any person who is a party<\/span> to an action for divorce or annulment<\/span> commenced by filing before in utero implantation of an embryo<\/span> resulting from the union of the spouse’s sperm<\/span> or gestational mother<\/span>’s ovum<\/span> with another gamete<\/span>, whether or not the other gamete<\/span> is that of the person’s spouse, is not the parent of any resulting child unless (i) implantation occurs before notice of the filing can reasonably be communicated to the physician performing the procedure or (ii) the person consents in writing to be a parent, whether the writing was executed before or after the implantation. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Birth pursuant to court<\/span> approved surrogacy contract<\/span>. — After approval of a surrogacy contract<\/span> by the court<\/span> and entry of an order<\/span> as provided in subsection D of § 20-160<\/a>, the intended parent<\/span> is the parent of any resulting child. However, if the court<\/span> vacates the order<\/span> approving the agreement pursuant to subsection B of § 20-161<\/a>, the surrogate<\/span> who is the genetic parent<\/span> is the mother of the resulting child and her spouse, if any, is the other parent. The intended parent<\/span> may only obtain parental rights through adoption as provided in Chapter 12 (§ 63.2-1200<\/a> et seq.) of Title 63.2. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Birth pursuant to surrogacy contract<\/span> not approved by court<\/span>. \u2014 In the case of a surrogacy contract<\/span> that has not been approved by a court<\/span> as provided in \u00a7 20-160<\/a>, the parentage of any resulting child shall be determined as follows: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The gestational mother<\/span> is the child’s mother unless the intended mother is a genetic parent<\/span>, in which case the intended mother is the mother. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> If an intended parent<\/span> is a genetic parent<\/span> of the resulting child, such intended parent<\/span> is the child’s parent. However, if (i) the surrogate<\/span> is a genetic parent<\/span>, (ii) the surrogate<\/span> is married and her spouse is a party<\/span> to the surrogacy contract<\/span>, and (iii) the surrogate<\/span> who is a genetic parent<\/span> exercises her right to retain custody<\/span> and parental rights to the resulting child pursuant to § 20-162<\/a>, then the surrogate<\/span> and her spouse are the parents. If the surrogate<\/span> is unmarried and (a) is a genetic parent<\/span>, (b) is a party<\/span> to the surrogacy contract<\/span>, and (c) exercises her right to retain custody<\/span> and parental rights to the resulting child pursuant to § 20-162<\/a>, then the surrogate<\/span> is the parent. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> If no intended parent<\/span> is a genetic parent<\/span> of the resulting child, but the embryo<\/span> that was used is subject to the legal or contractual custody<\/span> of an intended parent<\/span>, then such intended parent<\/span> is the parent. However, if no intended parent<\/span> is a genetic parent<\/span>, and the embryo<\/span> that was used is not subject to the legal or contractual custody<\/span> of such intended parent<\/span>, then the surrogate<\/span> is the mother and her spouse, if any, is the child’s other parent if such other parent is a party<\/span> to the contract. In such an event, the intended parent<\/span> may only obtain parental rights through adoption as provided in Chapter 12 (§ 63.2-1200<\/a> et seq.) of Title 63.2. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> After the signing and filing of the surrogate<\/span> consent and report form in conformance with the requirements of subsection A of § 20-162<\/a>, the intended parent<\/span> is the parent of the child and the surrogate<\/span> and her spouse, if any, shall not be the parents of the child. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPARENTAGE OF CHILD RESULTING FROM ASSISTED CONCEPTION (\u00a7 20-158)\n\nA. Determination of parentage, generally. \u2014 Except as provided in subsections\nB, C, D, and E, the parentage of any child resulting from the performance of\nassisted conception shall be determined as follows:\n\n 1. The gestational mother of a child is the child’s mother.\n\n 2. The spouse of the gestational mother of a child is the child’s other\n parent, notwithstanding any declaration of invalidity or annulment of the\n marriage obtained after the performance of assisted conception, unless such\n spouse commences an action in which the mother and child are parties within\n two years after such spouse discovers or, in the exercise of due diligence,\n reasonably should have discovered the child’s birth and in which it is\n determined that such spouse did not consent to the performance of assisted\n conception.\n\n 3. A donor is not the parent of a child conceived through assisted conception,\n unless the donor is the spouse of the gestational mother.\n\nB. Death of spouse. — Any child resulting from the insemination of a\ngestational mother’s ovum using her spouse’s sperm, with his\nconsent, is the child of the gestational mother and her spouse notwithstanding\nthat, during the 10-month period immediately preceding the birth, either party\ndied.\n\t\t\tHowever, any person who dies before in utero implantation of an embryo\nresulting from the union of the spouse’s sperm or gestational\nmother’s ovum with another gamete, whether or not the other gamete is that\nof the person’s spouse, is not the parent of any resulting child unless\n(i) implantation occurs before notice of the death can reasonably be\ncommunicated to the physician performing the procedure or (ii) the person\nconsents to be a parent in writing executed before the implantation.\n\nC. Divorce. — Any child resulting from insemination of a gestational\nmother’s ovum using her spouse’s sperm, with his consent, is the\nchild of the gestational mother and her spouse notwithstanding that either party\nfiled for a divorce or annulment during the 10-month period immediately\npreceding the birth. Any person who is a party to an action for divorce or\nannulment commenced by filing before in utero implantation of an embryo\nresulting from the union of the spouse’s sperm or gestational\nmother’s ovum with another gamete, whether or not the other gamete is that\nof the person’s spouse, is not the parent of any resulting child unless\n(i) implantation occurs before notice of the filing can reasonably be\ncommunicated to the physician performing the procedure or (ii) the person\nconsents in writing to be a parent, whether the writing was executed before or\nafter the implantation.\n\nD. Birth pursuant to court approved surrogacy contract. — After approval\nof a surrogacy contract by the court and entry of an order as provided in\nsubsection D of § 20-160, the intended parent is the parent of any\nresulting child. However, if the court vacates the order approving the agreement\npursuant to subsection B of § 20-161, the surrogate who is the genetic\nparent is the mother of the resulting child and her spouse, if any, is the other\nparent. The intended parent may only obtain parental rights through adoption as\nprovided in Chapter 12 (§ 63.2-1200 et seq.) of Title 63.2.\n\nE. Birth pursuant to surrogacy contract not approved by court. \u2014 In the case\nof a surrogacy contract that has not been approved by a court as provided in \u00a7\n20-160, the parentage of any resulting child shall be determined as follows:\n\n 1. The gestational mother is the child’s mother unless the intended\n mother is a genetic parent, in which case the intended mother is the mother.\n\n 2. If an intended parent is a genetic parent of the resulting child, such\n intended parent is the child’s parent. However, if (i) the surrogate is\n a genetic parent, (ii) the surrogate is married and her spouse is a party to\n the surrogacy contract, and (iii) the surrogate who is a genetic parent\n exercises her right to retain custody and parental rights to the resulting\n child pursuant to § 20-162, then the surrogate and her spouse are the\n parents. If the surrogate is unmarried and (a) is a genetic parent, (b) is a\n party to the surrogacy contract, and (c) exercises her right to retain custody\n and parental rights to the resulting child pursuant to § 20-162, then the\n surrogate is the parent.\n\n 3. If no intended parent is a genetic parent of the resulting child, but the\n embryo that was used is subject to the legal or contractual custody of an\n intended parent, then such intended parent is the parent. However, if no\n intended parent is a genetic parent, and the embryo that was used is not\n subject to the legal or contractual custody of such intended parent, then the\n surrogate is the mother and her spouse, if any, is the child’s other\n parent if such other parent is a party to the contract. In such an event, the\n intended parent may only obtain parental rights through adoption as provided\n in Chapter 12 (§ 63.2-1200 et seq.) of Title 63.2.\n\n 4. After the signing and filing of the surrogate consent and report form in\n conformance with the requirements of subsection A of § 20-162, the\n intended parent is the parent of the child and the surrogate and her spouse,\n if any, shall not be the parents of the child.\n\nHISTORY: 1991, c. 600; 1997, c. 81; 2000, c. 830; 2019, c. 375.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}