Reproduction | Carriers - Surrogates
Frequenly Asked Questions

The Adoption and Surrogacy Law Center

FREQUENTLY ASKED QUESTIONS ABOUT GESTATIONAL CARRIER AND SURROGATE AGREEMENTS IN VIRGINIA AND AS WRITTEN BY THE ADOPTION & SURROGACY LAW CENTER

By: Colleen M, Quinn

The Adoption & Surrogacy Law Center at

Locke & Quinn

http://www.reproductionattorney.com

quinn@lockequinn.com

Q:  What is the difference between a gestational carrier and a surrogate?

A:   A surrogate is one who contributes her own egg and carries the child. She sometimes is referred to as a “true surrogate.” A gestational carrier carries a child but is not genetically related to the child. Sometimes the term “surrogate” is loosely used to apply to both.

Q:  Are surrogacy contracts permitted under Virginia law?

A: Yes. Virginia is fortunate to be one of only a handful of states that actually has a statute in place governing assisted reproductive technologies. This statute was first enacted back in 1994.

Q:  Why does the Agreement prepared by the Adoption & Surrogacy Law Center say that the child will be related to Intended Mother “and/or” Intended Father if we intend to use Intended Mother’s eggs and Intended Father’s sperm?

A: Virginia’s law on the “Status of Children of Assisted Conception” only requires that one of the parents be genetically related in order to use Virginia’s assisted reproductive technology statute. Accordingly, we only need to state that at least one genetic relationship will exist. By stating “and/or” in the contract – it then gives the parties flexibility to use the same contract (without having to modify it) in the event that donor egg or donor sperm needs to be used in lieu of an intended parent’s egg or sperm.

Q:  Why does the Agreement reference having a home study done?

A: This is just a safeguard in the event that for some reason the child that comes into existence is not related to either of the Intended Parents. In such an event (e.g., use of donor egg and donor sperm, or lab error), then we would have to do an adoption proceeding, which would necessitate having a home study done.

Q:  Do we have to go to court?

A: No, not normally. The only time you would need to go to court is when we do the pre-birth Order process (which is the more expensive process that requires a home study).

Q:  Is it lawful to pay “compensation” under Virginia law?

There is a lot of confusion about this. It is not lawful to pay “compensation” or a “fee” or a “bonus” to a carrier or surrogate under Virginia law. However, it is lawful to advance and/or reimburse reasonable medical and ancillary expenses related to the pregnancy and birth – this includes reasonable household and living expenses. Such amounts typically are paid on a monthly basis in order to reflect such monthly expenses. Expenses related to maternity clothes, legal fees, childcare, house cleaning, replacement services, transportation, companion care and the like are permissible as well.

I worked with Richard Locke over the past year and a half. During that time, he provided me with counsel that was intelligent, balanced and trustworthy. He was respectful of the difficulty of the situation, and provided an educated and thoughtful approach to the process. Rather than focus on the drama and minutiae of the case, Richard was driven to provide favorable legal results in the most positive way possible. In many ways, his demeanor helped to keep me focused and calm throughout the process. He combines a superior knowledge of the law with a wealth of experience inside and outside of the courtroom. This knowledge and experience was incredibly valuable as my case progressed to help steer its direction and my decisions. His office staff is very responsive, and a pleasure to work with as well.read more
Amy Johnson
Amy Johnson
18:39 18 May 18
My wife and I adopted a babygirl in 2015. A friend of mine, whose daughter is lawyer, recommended Colleen Quinn. We went for our initial consultation and we could tell immediately that Colleen was very knowledgeable and professional. She went into detail and gave us the costs associated with the adoption as well as every single step in the process. Colleen is very welcoming and easy to talk to. We cannot leave this review without mentioning our primary contact, Colleen's paralegal, CharSalle Charles (Charli). Without Charli, I don't think we would have made it through the adoption. Charli was there anytime we called to answer our questions and to provide support for us. Charli even came to the hospital the day after our daughter was born, to handle all the paperwork between us and the birth mother. We truly thank Locke and Quinn and especially Charli for their hard work and support. Our adoption was even finalized a month in advance of the initial date set forth. We highly recommend Locke and Quinn to any looking to adopt!!!read more
Tierre Christmas
Tierre Christmas
17:23 09 Feb 16
After doing quite a bit of research on the adoption process, we decided to set up an initial consultation with Colleen, and we found that first session very beneficial and informative. There were many things that impressed us about Colleen from the very beginning: her level of expertise and reputation as an adoption attorney, the accolades she's received throughout her career, her friendly and personable nature, and her willingness to provide us with comprehensive information about the adoption process including projected fees. We also wanted to make sure that we were being well represented and advocated for, and quickly knew that Colleen would not only guide us through the adoption process, but advocate for us as well. Colleen is both passionate about what she does and compassionate toward all parties involved in the adoption process.Colleen’s paralegal, CharSalle (Charli) is an absolute treasure! Charli was readily available to answer questions by phone or by email. She would reach out to us if there was a birth mother interested in speaking or meeting with us after reviewing our profile. We were matched with a birth mother in November 2014, and our daughter was born in February 2015. Colleen and Charli guided us through the initial meetings with the birth parents, the open adoption agreements, and they stayed in touch with us by phone and email when our daughter was born. Our adoption was finalized in six months, and we couldn’t be more pleased with the level of communication we received, and continue to receive, from Colleen and Charli as well as the level of expertise and true passion they have for guiding families through the adoption process. We highly recommend Colleen, Charli, and the staff at Locke & Quinn to anyone considering adoption!!!!read more
Joe Ana
Joe Ana
16:35 15 Feb 16
kathleen cossaboon
kathleen cossaboon
01:35 31 May 18
Sharon Robertson Dewitt
Sharon Robertson Dewitt
19:20 23 Aug 17
My husband and I just recently finalized the adoption of our son thanks to Colleen! Our situation happened FAST, and Colleen never missed a beat. Colleen, Katie and Charli were all quick to answer any questions we had and made us feel confident in their ability to provide the services needed. We were blown away at the knowledge and organization Colleen had throughout this process as well! We intend to continue to grow our family through adoption again, and will be using Locke & Quinn!
Ashley Halsey
Ashley Halsey
2019-02-10T03:58:33+0000
My wife and I worked with Colleen Quinn and her paralegal Charli (CharSalle) on my daughter's international re-adoption. We are in Fairfax, VA and they were happy to work with us even though we weren’t local to them. Everything was done by email and mail. They answered all of our questions in a timely manner and were very knowledgeable about the process. We worked almost entirely with Charli after the initial emails and phone calls and she was great to work with. They filed all of our paperwork with our court, everything went smoothly, and we received our Final Order. Charli has always kept us in the loop about the process and sent us updates. We mailed original documents back and forth without any issue. Their legal fee was very competitive and better than most attorneys in our own area. We are very pleased with their work and assistance in getting our adoption finalized. I wouldn’t hesitate to recommend them to anyone. Thank you!
Ahmed Rashid
Ahmed Rashid
2018-12-20T14:52:57+0000
Great experience!! Everything I needed they took care of with a timely fashion! Highly recommend!
Morgan Williams Seay
Morgan Williams Seay
2018-08-21T00:14:11+0000
Bob Stiepock
Bob Stiepock
2017-10-23T19:39:04+0000
Personal Injury is a challenging event on many levels in ones life. Have you experienced a moment where you were injured and need to seek legal advice? You need to make a call to Colleen Quinn today. I began to research different law firms that handled Personal Injury. I interviewed several attorneys and spoke with large practices to small firms. I was impressed by Colleens resume and her work with women and the law. I will never regret hiring Colleen and her TEAM. The word TEAM is exactly what I received through out my case. My case was attacked with professionalism and the team was always in communication with me. When I would call to ask questions or to get a better explanation I was always made to feel as if I was the only client. As my case arrived closer to the trail date, my TEAM went into full 110%+ effort and preparation. Colleen was ALWAYS seeking to settle my case with the best outcome that she could. YOU WILL NOT FIND A MORE UPFRONT, HONEST, HARDWORKING-GET IT DONE ATTITUDE THAN THE TEAM OF COLLEEN M. QUINN!! MAKE THAT CALL TODAY-YOU WONT REGET IT!!
Lisa Moore Walker
Lisa Moore Walker
2017-09-17T03:54:10+0000
Cathy Tyree Herb
Cathy Tyree Herb
2013-07-30T17:33:44+0000
RICHMOND: 804-285-6253
CONTACT US

Frequently Asked Questions


FREQUENTLY ASKED QUESTIONS ABOUT GESTATIONAL CARRIER AND SURROGATE AGREEMENTS IN VIRGINIA AND AS WRITTEN BY THE ADOPTION & SURROGACY LAW CENTER

By: Colleen M, Quinn

The Adoption & Surrogacy Law Center at

Locke & Quinn

http://www.reproductionattorney.com

quinn@lockequinn.com

Q:  What is the difference between a gestational carrier and a surrogate?

A:   A surrogate is one who contributes her own egg and carries the child. She sometimes is referred to as a “true surrogate.” A gestational carrier carries a child but is not genetically related to the child. Sometimes the term “surrogate” is loosely used to apply to both.

Q:  Are surrogacy contracts permitted under Virginia law?

A: Yes. Virginia is fortunate to be one of only a handful of states that actually has a statute in place governing assisted reproductive technologies. This statute was first enacted back in 1994.

Q:  Why does the Agreement prepared by the Adoption & Surrogacy Law Center say that the child will be related to Intended Mother “and/or” Intended Father if we intend to use Intended Mother’s eggs and Intended Father’s sperm?

A: Virginia’s law on the “Status of Children of Assisted Conception” only requires that one of the parents be genetically related in order to use Virginia’s assisted reproductive technology statute. Accordingly, we only need to state that at least one genetic relationship will exist. By stating “and/or” in the contract – it then gives the parties flexibility to use the same contract (without having to modify it) in the event that donor egg or donor sperm needs to be used in lieu of an intended parent’s egg or sperm.

Q:  Why does the Agreement reference having a home study done?

A: This is just a safeguard in the event that for some reason the child that comes into existence is not related to either of the Intended Parents. In such an event (e.g., use of donor egg and donor sperm, or lab error), then we would have to do an adoption proceeding, which would necessitate having a home study done.

Q:  Do we have to go to court?

A: No, not normally. The only time you would need to go to court is when we do the pre-birth Order process (which is the more expensive process that requires a home study).

Q:  Is it lawful to pay “compensation” under Virginia law?

There is a lot of confusion about this. It is not lawful to pay “compensation” or a “fee” or a “bonus” to a carrier or surrogate under Virginia law. However, it is lawful to advance and/or reimburse reasonable medical and ancillary expenses related to the pregnancy and birth – this includes reasonable household and living expenses. Such amounts typically are paid on a monthly basis in order to reflect such monthly expenses. Expenses related to maternity clothes, legal fees, childcare, house cleaning, replacement services, transportation, companion care and the like are permissible as well.

I worked with Richard Locke over the past year and a half. During that time, he provided me with counsel that was intelligent, balanced and trustworthy. He was respectful of the difficulty of the situation, and provided an educated and thoughtful approach to the process. Rather than focus on the drama and minutiae of the case, Richard was driven to provide favorable legal results in the most positive way possible. In many ways, his demeanor helped to keep me focused and calm throughout the process. He combines a superior knowledge of the law with a wealth of experience inside and outside of the courtroom. This knowledge and experience was incredibly valuable as my case progressed to help steer its direction and my decisions. His office staff is very responsive, and a pleasure to work with as well.read more
Amy Johnson
Amy Johnson
18:39 18 May 18
My wife and I adopted a babygirl in 2015. A friend of mine, whose daughter is lawyer, recommended Colleen Quinn. We went for our initial consultation and we could tell immediately that Colleen was very knowledgeable and professional. She went into detail and gave us the costs associated with the adoption as well as every single step in the process. Colleen is very welcoming and easy to talk to. We cannot leave this review without mentioning our primary contact, Colleen's paralegal, CharSalle Charles (Charli). Without Charli, I don't think we would have made it through the adoption. Charli was there anytime we called to answer our questions and to provide support for us. Charli even came to the hospital the day after our daughter was born, to handle all the paperwork between us and the birth mother. We truly thank Locke and Quinn and especially Charli for their hard work and support. Our adoption was even finalized a month in advance of the initial date set forth. We highly recommend Locke and Quinn to any looking to adopt!!!read more
Tierre Christmas
Tierre Christmas
17:23 09 Feb 16
After doing quite a bit of research on the adoption process, we decided to set up an initial consultation with Colleen, and we found that first session very beneficial and informative. There were many things that impressed us about Colleen from the very beginning: her level of expertise and reputation as an adoption attorney, the accolades she's received throughout her career, her friendly and personable nature, and her willingness to provide us with comprehensive information about the adoption process including projected fees. We also wanted to make sure that we were being well represented and advocated for, and quickly knew that Colleen would not only guide us through the adoption process, but advocate for us as well. Colleen is both passionate about what she does and compassionate toward all parties involved in the adoption process.Colleen’s paralegal, CharSalle (Charli) is an absolute treasure! Charli was readily available to answer questions by phone or by email. She would reach out to us if there was a birth mother interested in speaking or meeting with us after reviewing our profile. We were matched with a birth mother in November 2014, and our daughter was born in February 2015. Colleen and Charli guided us through the initial meetings with the birth parents, the open adoption agreements, and they stayed in touch with us by phone and email when our daughter was born. Our adoption was finalized in six months, and we couldn’t be more pleased with the level of communication we received, and continue to receive, from Colleen and Charli as well as the level of expertise and true passion they have for guiding families through the adoption process. We highly recommend Colleen, Charli, and the staff at Locke & Quinn to anyone considering adoption!!!!read more
Joe Ana
Joe Ana
16:35 15 Feb 16
kathleen cossaboon
kathleen cossaboon
01:35 31 May 18
Sharon Robertson Dewitt
Sharon Robertson Dewitt
19:20 23 Aug 17
My husband and I just recently finalized the adoption of our son thanks to Colleen! Our situation happened FAST, and Colleen never missed a beat. Colleen, Katie and Charli were all quick to answer any questions we had and made us feel confident in their ability to provide the services needed. We were blown away at the knowledge and organization Colleen had throughout this process as well! We intend to continue to grow our family through adoption again, and will be using Locke & Quinn!
Ashley Halsey
Ashley Halsey
2019-02-10T03:58:33+0000
My wife and I worked with Colleen Quinn and her paralegal Charli (CharSalle) on my daughter's international re-adoption. We are in Fairfax, VA and they were happy to work with us even though we weren’t local to them. Everything was done by email and mail. They answered all of our questions in a timely manner and were very knowledgeable about the process. We worked almost entirely with Charli after the initial emails and phone calls and she was great to work with. They filed all of our paperwork with our court, everything went smoothly, and we received our Final Order. Charli has always kept us in the loop about the process and sent us updates. We mailed original documents back and forth without any issue. Their legal fee was very competitive and better than most attorneys in our own area. We are very pleased with their work and assistance in getting our adoption finalized. I wouldn’t hesitate to recommend them to anyone. Thank you!
Ahmed Rashid
Ahmed Rashid
2018-12-20T14:52:57+0000
Great experience!! Everything I needed they took care of with a timely fashion! Highly recommend!
Morgan Williams Seay
Morgan Williams Seay
2018-08-21T00:14:11+0000
Bob Stiepock
Bob Stiepock
2017-10-23T19:39:04+0000
Personal Injury is a challenging event on many levels in ones life. Have you experienced a moment where you were injured and need to seek legal advice? You need to make a call to Colleen Quinn today. I began to research different law firms that handled Personal Injury. I interviewed several attorneys and spoke with large practices to small firms. I was impressed by Colleens resume and her work with women and the law. I will never regret hiring Colleen and her TEAM. The word TEAM is exactly what I received through out my case. My case was attacked with professionalism and the team was always in communication with me. When I would call to ask questions or to get a better explanation I was always made to feel as if I was the only client. As my case arrived closer to the trail date, my TEAM went into full 110%+ effort and preparation. Colleen was ALWAYS seeking to settle my case with the best outcome that she could. YOU WILL NOT FIND A MORE UPFRONT, HONEST, HARDWORKING-GET IT DONE ATTITUDE THAN THE TEAM OF COLLEEN M. QUINN!! MAKE THAT CALL TODAY-YOU WONT REGET IT!!
Lisa Moore Walker
Lisa Moore Walker
2017-09-17T03:54:10+0000
Cathy Tyree Herb
Cathy Tyree Herb
2013-07-30T17:33:44+0000
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