                                 CODE OF VIRGINIA

PARENTAGE OF CHILD RESULTING FROM ASSISTED CONCEPTION (§ 20-158)

A. Determination of parentage, generally. — 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. The gestational mother of a child is the child&#8217;s mother.

   2. The spouse of the gestational mother of a child is the child&#8217;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&#8217;s birth and in which it is
   determined that such spouse did not consent to the performance of assisted
   conception.

   3. A donor is not the parent of a child conceived through assisted conception,
   unless the donor is the spouse of the gestational mother.

B. Death of spouse. &#x2014; Any child resulting from the insemination of a
gestational mother&#8217;s ovum using her spouse&#8217;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.
			However, any person who dies before in utero implantation of an embryo
resulting from the union of the spouse&#8217;s sperm or gestational
mother&#8217;s ovum with another gamete, whether or not the other gamete is that
of the person&#8217;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. Divorce. &#x2014; Any child resulting from insemination of a gestational
mother&#8217;s ovum using her spouse&#8217;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&#8217;s sperm or gestational
mother&#8217;s ovum with another gamete, whether or not the other gamete is that
of the person&#8217;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. Birth pursuant to court approved surrogacy contract. &#x2014; After approval
of a surrogacy contract by the court and entry of an order as provided in
subsection D of &#xA7; 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 &#xA7; 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 (&#xA7; 63.2-1200 et seq.) of Title 63.2.

E. Birth pursuant to surrogacy contract not approved by court. — In the case
of a surrogacy contract that has not been approved by a court as provided in §
20-160, the parentage of any resulting child shall be determined as follows:

   1. The gestational mother is the child&#8217;s mother unless the intended
   mother is a genetic parent, in which case the intended mother is the mother.

   2. If an intended parent is a genetic parent of the resulting child, such
   intended parent is the child&#8217;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 &#xA7; 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 &#xA7; 20-162, then the
   surrogate is the parent.

   3. 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&#8217;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 (&#xA7; 63.2-1200 et seq.) of Title 63.2.

   4. After the signing and filing of the surrogate consent and report form in
   conformance with the requirements of subsection A of &#xA7; 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.

HISTORY: 1991, c. 600; 1997, c. 81; 2000, c. 830; 2019, c. 375.