Bank of America Center
1111 E. Main Street, P. O. Box 561
Richmond, VA. 23218-0561
Phone: 804-644-1400 Fax: 804-225-8706
Adoption & Surrogacy FAQs
Q: Why Choose Surrogacy? a Surrogate Mother? a Gestational Carrier?
A: Many hopeful parents who experience infertility problems or have had difficulty with conception may want to consider the use of a surrogate or gestational carrier for successful family building.

For clarification, there are two basic medical procedures to consider:
  • Use of a true surrogate (carries the child and contributes her own egg); or
  • Use of a gestational carrier (carries the child and uses the intended mother's eggs or donor eggs)
Also, whether using a surrogate mother or a gestational carrier, either donor sperm or sperm from the intended father can be used.
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Q: What is the Legal Process in Virginia for a Surrogate Mother or Gestational Carrier Arrangement?
A:
The first step in the process is entering into a contract governed by Virginia law prior to the assisted reproductive technology procedure (artificial insemination or in vitro placement) taking place. The second step is having the birth certificate amended after the birth of the child.

This two-step process is relatively simple and can be done as long as the child is born in Virginia. For children born outside of Virginia, or to obtain a pre-birth order, a court order is required and the process is more involved. The legal fee cost of drafting the assisted reproductive technology contract typically runs on average between $1,000 and $1,500. The legal fee cost of the second step of amending the birth certificate generally runs on average between $750 to $1,000. These estimates are for legal services only and do not include any costs associated with the medical procedure itself or with obtaining DNA testing. These costs also do not reflect the cost of legal representation for the surrogate or gestational carrier. [Back to Top]
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Q: How Do I Find a Surrogate Mother, Gestational Carrier or Egg Donor?
A:
Amazingly, the internet is proving to be the most useful resource for connecting hopeful intended parents with surrogate mothers, gestational carriers and egg donors. In other cases, intended parents turn to relatives or close friends to serve as surrogate mothers, gestational carriers and egg donors.
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Q: Why choose an egg donor?
A:
Sometimes the only impediment to conception is the viability of an intended mother's eggs. Thankfully, there are egg donors out there who are willing to endure the somewhat inconvenient procedure of increased ovulation and egg extraction.
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Q: What is the Legal Process for an Egg Donor?
A:
Usually a successful egg donor arrangement simply involves the drafting of an egg donor contract. Under Virginia law, the woman that carries and delivers the child is presumed to be the mother of the child and, absent a court order or amendment procedure, it is the carrying mother's name that will be placed on the birth certificate. Accordingly, under the usual egg donor arrangement (where the donated eggs are placed into the intended mother) no amendment to the birth certificate generally is necessary.
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Q: How Much Should I Expect to Pay the Surrogate Mother, Gestational Carrier, or an Egg Donor?
A:
Surrogate mothers and gestational carriers (that are not close relatives or best friends) typically seek on average anywhere from $10,000 to $25,000 in assistance, not including the additional costs for medical expenses and legal representation.

Virginia law does not permit lump sum payments. However, Virginia law does allow for assistance for reasonable and ancillary expenses. Typically, surrogacy contracts are set up so that the intended parents make monthly payments to the surrogate mother for a fixed period of time. Some surrogate mothers or gestational carriers also may seek life insurance coverage for the duration of the pregnancy and the post-partum period. Close relatives and best friends that serve as surrogates or gestational carriers usually seek minimal financial assistance.

For egg donors, contracts typically entail anywhere from $3,000 to $6,000 in financial assistance.
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Q: What Should I Look for in a Surrogate Mother, Gestational Carrier or Egg Donor?
A:
There are no clear cut factors or characteristics of a successful surrogate mother, gestational carrier or egg donor, but intended parents generally should consider the following:
  • Does she have children?
  • Does she plan to have more children?
  • How is her general health?
  • How easy or difficult have been her pregnancies?
  • What is her medical history?
  • What is her family's medical history?
  • What is her attitude towards abstaining from alcohol, drugs or cigarettes?
  • Is she willing to undergo a psychological evaluation?
  • Is her decision to be a surrogate, gestational carrier or egg donor supported by her husband or significant other?
  • What is the nature of her work and home environment?
  • What is her health insurance coverage?
  • How many children is she willing to carry?
  • How many procedures is she willing to undergo?
  • What are her views on selective reduction (for example, reducing from carrying quadruplets to triplets or the like)?
  • How much contact is she willing to have with the intended parents throughout the process?
  • Is she willing to allow the intended parents to attend during her doctor visits?
  • Where is she willing to have the medical procedure take place?
  • Is she willing to travel?
  • Has she done this before? (Note that proven surrogates, gestational carriers and egg donors often seek greater financial assistance)
Intended parents always should visit the surrogate gestational carrier or egg donor in person before entering into any arrangement. No financial assistance should be advanced until a binding contract is drafted by a qualified attorney.
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