                                 CODE OF VIRGINIA

MISCELLANEOUS PROVISIONS RELATED TO ALL SURROGACY CONTRACTS (§ 20-163)

A. The surrogate shall be solely responsible for the clinical management of the
pregnancy.

B. After the entry of an order under subsection B of &#xA7; 20-160 or upon the
execution of a contract pursuant to &#xA7; 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. Following the entry of an order pursuant to subsection D of &#xA7; 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
&#xA7; 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&#8217;s
health, physical appearance, any mental or physical disability, and regardless
of whether the child is born alive.

D. A child born to a surrogate within 300 days after assisted conception
pursuant to an order under subsection B of &#xA7; 20-160 or a contract under
&#xA7; 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
&#xA7; 20-160.

E. 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 &#xA7; 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. Any contract provision requiring or prohibiting an abortion or selective
reduction is against the public policy of the Commonwealth and is void and
unenforceable.

HISTORY: 1991, c. 600; 2019, c. 375; 2022, c. 800; 2023, cc. 148, 149.