{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/20-163.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/20-163.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/20-163.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/20-163.html"}],"law_id":72103,"edition_id":1,"section_id":72103,"structure_id":13295,"section_number":"20-163","catch_line":"Miscellaneous provisions related to all surrogacy contracts","history":"1991, c. 600; 2019, c. 375; 2022, c. 800; 2023, cc. 148, 149.","full_text":"A\n\nThe surrogate shall be solely responsible for the clinical management of the pregnancy.B\n\nAfter the entry of an order under subsection B of § 20-160 or upon the execution of a contract pursuant to § 20-162, the marriage of the surrogate shall not affect the validity of the order or contract, and her spouse shall not be deemed a party to the contract in the absence of his explicit written consent.C\n\nFollowing the entry of an order pursuant to subsection D of § 20-160 or upon the relinquishing of the custody of and parental rights to any resulting child and the filing of the surrogate consent and report form as provided in § 20-162, the intended parent shall have the custody of, parental rights to, and full responsibilities for any child resulting from the performance of assisted conception from a surrogacy agreement regardless of the child’s health, physical appearance, any mental or physical disability, and regardless of whether the child is born alive.D\n\nA child born to a surrogate within 300 days after assisted conception pursuant to an order under subsection B of § 20-160 or a contract under § 20-162 is presumed to result from the assisted conception. This presumption is conclusive as to all persons who fail to file an action to test its validity within two years after the birth of the child. The child and the parties to the contract shall be named as parties in any such action. The action shall be filed in the court that issued or could have issued an order under § 20-160.E\n\nHealth care providers shall not be liable for recognizing the surrogate as the mother of the resulting child before receipt of a copy of an order entered under § 20-160 or a copy of the contract, or for recognizing the intended parent as the parent of the resulting child after receipt of such order or copy of the contract.F\n\nAny contract provision requiring or prohibiting an abortion or selective reduction is against the public policy of the Commonwealth and is void and unenforceable.","order_by":null,"text":{"0":{"id":259814,"text":"The surrogate shall be solely responsible for the clinical management of the pregnancy.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":259815,"text":"After the entry of an order under subsection B of § 20-160 or upon the execution of a contract pursuant to § 20-162, the marriage of the surrogate shall not affect the validity of the order or contract, and her spouse shall not be deemed a party to the contract in the absence of his explicit written consent.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":259816,"text":"Following the entry of an order pursuant to subsection D of § 20-160 or upon the relinquishing of the custody of and parental rights to any resulting child and the filing of the surrogate consent and report form as provided in § 20-162, the intended parent shall have the custody of, parental rights to, and full responsibilities for any child resulting from the performance of assisted conception from a surrogacy agreement regardless of the child’s health, physical appearance, any mental or physical disability, and regardless of whether the child is born alive.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":259817,"text":"A child born to a surrogate within 300 days after assisted conception pursuant to an order under subsection B of § 20-160 or a contract under § 20-162 is presumed to result from the assisted conception. This presumption is conclusive as to all persons who fail to file an action to test its validity within two years after the birth of the child. The child and the parties to the contract shall be named as parties in any such action. The action shall be filed in the court that issued or could have issued an order under § 20-160.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":259818,"text":"Health care providers shall not be liable for recognizing the surrogate as the mother of the resulting child before receipt of a copy of an order entered under § 20-160 or a copy of the contract, or for recognizing the intended parent as the parent of the resulting child after receipt of such order or copy of the contract.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":259819,"text":"Any contract provision requiring or prohibiting an abortion or selective reduction is against the public policy of the Commonwealth and is void and unenforceable.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/20-163\/","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 2019, chapter 375<\/a>; in 2022, chapter 800<\/a>; in 2023, chapters 148<\/a> and 149<\/a>.<\/p>","references":[{"id":62248,"section_number":"20-162","catch_line":"Contracts not approved by the court; requirements","order_by":null,"url":"\/20-162\/"}],"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":62248,"section_number":"20-162","catch_line":"Contracts not approved by the court; requirements","order_by":null,"url":"\/20-162\/"}],"permalink":{"id":179453,"object_type":"law","relational_id":72103,"identifier":"20-163","token":"20\/9\/20-163","url":"\/20-163\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/20-163\/","token":"20\/9\/20-163","dublin_core":{"Title":"Miscellaneous provisions related to all surrogacy contracts","Type":"Text","Format":"text\/html","Identifier":"\u00a7 20-163","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The surrogate<\/span> shall be solely responsible for the clinical management of the pregnancy. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> After the entry of an order<\/span> under subsection B of § 20-160<\/a> or upon the execution of a contract<\/span> pursuant to § 20-162<\/a>, the marriage of the surrogate<\/span> shall not affect the validity of the order<\/span> or contract<\/span>, and her spouse shall not be deemed a party<\/span> to the contract<\/span> in the absence of his explicit written consent. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Following the entry of an order<\/span> pursuant to subsection D of § 20-160<\/a> or upon the relinquishing of the custody<\/span> of and parental rights to any resulting child and the filing of the surrogate<\/span> consent and report form as provided in § 20-162<\/a>, the intended parent<\/span> shall have the custody<\/span> of, parental rights to, and full responsibilities for any child resulting from the performance of assisted conception<\/span> from a surrogacy agreement regardless of the child’s health, physical appearance<\/span>, any mental or physical disability, and regardless of whether the child is born alive. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> A child born to a surrogate<\/span> within 300 days after assisted conception<\/span> pursuant to an order<\/span> under subsection B of § 20-160<\/a> or a contract<\/span> under § 20-162<\/a> is presumed to result from the assisted conception<\/span>. This presumption<\/span> is conclusive as to all persons who fail to file an action to test its validity within two years after the birth of the child. The child and the parties to the contract<\/span> shall be named as parties in any such action. The action shall be filed in the court<\/span> that issued or could have issued an order<\/span> under § 20-160<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Health care providers shall not be liable for recognizing the surrogate<\/span> as the mother of the resulting child before receipt of a copy of an order<\/span> entered under § 20-160<\/a> or a copy of the contract<\/span>, or for recognizing the intended parent<\/span> as the parent of the resulting child after receipt of such order<\/span> or copy of the contract<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> Any contract<\/span> provision requiring or prohibiting an abortion or selective reduction is against the public policy of the Commonwealth and is void and unenforceable. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nMISCELLANEOUS PROVISIONS RELATED TO ALL SURROGACY CONTRACTS (\u00a7 20-163)\n\nA. The surrogate shall be solely responsible for the clinical management of the\npregnancy.\n\nB. After the entry of an order under subsection B of § 20-160 or upon the\nexecution of a contract pursuant to § 20-162, the marriage of the surrogate\nshall not affect the validity of the order or contract, and her spouse shall not\nbe deemed a party to the contract in the absence of his explicit written\nconsent.\n\nC. Following the entry of an order pursuant to subsection D of § 20-160 or\nupon the relinquishing of the custody of and parental rights to any resulting\nchild and the filing of the surrogate consent and report form as provided in\n§ 20-162, the intended parent shall have the custody of, parental rights\nto, and full responsibilities for any child resulting from the performance of\nassisted conception from a surrogacy agreement regardless of the child’s\nhealth, physical appearance, any mental or physical disability, and regardless\nof whether the child is born alive.\n\nD. A child born to a surrogate within 300 days after assisted conception\npursuant to an order under subsection B of § 20-160 or a contract under\n§ 20-162 is presumed to result from the assisted conception. This\npresumption is conclusive as to all persons who fail to file an action to test\nits validity within two years after the birth of the child. The child and the\nparties to the contract shall be named as parties in any such action. The action\nshall be filed in the court that issued or could have issued an order under\n§ 20-160.\n\nE. Health care providers shall not be liable for recognizing the surrogate as\nthe mother of the resulting child before receipt of a copy of an order entered\nunder § 20-160 or a copy of the contract, or for recognizing the intended\nparent as the parent of the resulting child after receipt of such order or copy\nof the contract.\n\nF. Any contract provision requiring or prohibiting an abortion or selective\nreduction is against the public policy of the Commonwealth and is void and\nunenforceable.\n\nHISTORY: 1991, c. 600; 2019, c. 375; 2022, c. 800; 2023, cc. 148, 149.","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}}