{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/20-165.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/20-165.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/20-165.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/20-165.html"}],"law_id":57273,"edition_id":1,"section_id":57273,"structure_id":13295,"section_number":"20-165","catch_line":"Surrogate brokers prohibited; penalty; liability of surrogate brokers","history":"1991, c. 600; 2010, c. 712; 2019, c. 375; 2020, c. 900.","full_text":"A\n\nIt is unlawful for any person, firm, corporation, partnership, or other entity to accept compensation for recruiting or procuring surrogates or to accept compensation for otherwise arranging or inducing an intended parent and surrogates to enter into surrogacy contracts in this Commonwealth. A violation of this section shall be punishable as a Class 1 misdemeanor.B\n\nAny person who acts as a surrogate broker in violation of this section shall, in addition, be liable to all the parties to the purported surrogacy contract in a total amount equal to three times the amount of compensation to have been paid to the broker pursuant to the contract. One-half of the damages under this subsection shall be due the surrogate and her spouse, if any, and if such spouse is a party to the contract, and one-half shall be due the intended parent.\n\t\t\tAn action under this section shall be brought within five years of the date of the contract.C\n\nThe provisions of this section shall not apply to the services of an attorney in giving legal advice or in preparing a surrogacy contract.","order_by":null,"text":{"0":{"id":209797,"text":"It is unlawful for any person, firm, corporation, partnership, or other entity to accept compensation for recruiting or procuring surrogates or to accept compensation for otherwise arranging or inducing an intended parent and surrogates to enter into surrogacy contracts in this Commonwealth. A violation of this section shall be punishable as a Class 1 misdemeanor.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":209798,"text":"Any person who acts as a surrogate broker in violation of this section shall, in addition, be liable to all the parties to the purported surrogacy contract in a total amount equal to three times the amount of compensation to have been paid to the broker pursuant to the contract. One-half of the damages under this subsection shall be due the surrogate and her spouse, if any, and if such spouse is a party to the contract, and one-half shall be due the intended parent.\n\t\t\tAn action under this section shall be brought within five years of the date of the contract.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":209799,"text":"The provisions of this section shall not apply to the services of an attorney in giving legal advice or in preparing a surrogacy contract.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"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":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\/20-165\/","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 2010, chapter 712<\/a>; in 2019, chapter 375<\/a>; in 2020, chapter 900<\/a>.<\/p>","references":[{"id":58977,"section_number":"20-159","catch_line":"Surrogacy contracts permissible","order_by":null,"url":"\/20-159\/"},{"id":62248,"section_number":"20-162","catch_line":"Contracts not approved by the court; requirements","order_by":null,"url":"\/20-162\/"}],"refers_to":false,"permalink":{"id":179461,"object_type":"law","relational_id":57273,"identifier":"20-165","token":"20\/9\/20-165","url":"\/20-165\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/20-165\/","token":"20\/9\/20-165","dublin_core":{"Title":"Surrogate brokers prohibited; penalty; liability of surrogate brokers","Type":"Text","Format":"text\/html","Identifier":"\u00a7 20-165","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> It is unlawful for any person, firm, corporation, partnership, or other entity to accept compensation<\/span> for recruiting or procuring surrogates<\/span> or to accept compensation<\/span> for otherwise arranging or inducing an intended parent<\/span> and surrogates<\/span> to enter into surrogacy contracts<\/span> in this Commonwealth. A violation of this section shall be punishable as a Class 1 misdemeanor<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Any person who acts as a surrogate<\/span> broker in violation of this section shall, in addition, be liable to all the parties to the purported surrogacy contract<\/span> in a total amount equal to three times the amount of compensation<\/span> to have been paid to the broker pursuant to the contract. One-half of the damages<\/span> under this subsection shall be due the surrogate<\/span> and her spouse, if any, and if such spouse is a party<\/span> to the contract, and one-half shall be due the intended parent<\/span>.\n\t\t\tAn action under this section shall be brought within five years of the date of the contract. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The provisions of this section shall not apply to the services of an attorney in giving legal advice or in preparing a surrogacy contract<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nSURROGATE BROKERS PROHIBITED; PENALTY; LIABILITY OF SURROGATE BROKERS (\u00a7\n20-165)\n\nA. It is unlawful for any person, firm, corporation, partnership, or other\nentity to accept compensation for recruiting or procuring surrogates or to\naccept compensation for otherwise arranging or inducing an intended parent and\nsurrogates to enter into surrogacy contracts in this Commonwealth. A violation\nof this section shall be punishable as a Class 1 misdemeanor.\n\nB. Any person who acts as a surrogate broker in violation of this section shall,\nin addition, be liable to all the parties to the purported surrogacy contract in\na total amount equal to three times the amount of compensation to have been paid\nto the broker pursuant to the contract. One-half of the damages under this\nsubsection shall be due the surrogate and her spouse, if any, and if such spouse\nis a party to the contract, and one-half shall be due the intended parent.\n\t\t\tAn action under this section shall be brought within five years of the date\nof the contract.\n\nC. The provisions of this section shall not apply to the services of an attorney\nin giving legal advice or in preparing a surrogacy contract.\n\nHISTORY: 1991, c. 600; 2010, c. 712; 2019, c. 375; 2020, c. 900.","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}}