Carriers – Surrogates

Becoming a Carrier or Surrogate

Carriers and Surrogates generally must have had at least one prior pregnancy with a live birth in order to be a carrier or surrogate. The average reimbursement amounts for living expenses vary greatly. Additional amounts oftentimes are paid for: attorney fees, carrying multiple children, medical expenses, additional medical procedures (i.e. C-Section), and the like.  Legal fees and costs can be obtained from our office.  The legal fee amounts do not include any costs associated with the medical procedure itself or with obtaining DNA testing. These costs also don’t include the cost of legal representation for the surrogate or gestational carrier.

Surrogate-Carrier Medical History Form

Surrogate-Carrier Pregnancy History Form

Surrogate-Carrier Social History Form

Virginia Statutes provide a legal method in Virginia for obtaining a pre-birth order, which allows placement of the name(s) of the intended parent(s) on the original birth certificate. However, the pre-birth order process is intrusive and expensive especially because it requires that a home study be done. The more common process for surrogate mother arrangements involves two basic steps:

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) takes 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 and at least one intended parent is genetically related to the child. For children born outside of Virginia, a court order is required and the process is more involved but can be accomplished via an Order of Parentage or demonstrating a Pre-Birth, or order from other states, and, when necessary, a step-parent adoption.

For more information on Gestational Surrogacy Laws across the United States, a useful source may be Gestational Surrogacy Law Across the United States; however, it is recommended that you always check with a licensed practitioner in every state regarding specific state laws as they often change and can vary from region to region even within states.

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