Virginia

PRE BIRTH OR POST BIRTH ORDER

Post-birth

 


Married Hetero Couple

Unmarried Hetero Couple

Married Same-Sex Couple

Unmarried Same-Sex Couple

Single Parent

One Bio Connection

Two Bio Connections

No Bio Connections


ACCEPTANCE OF CALIFORNIA PRE-BIRTH ORDER

Yes; however, the Order must also be domesticated via local counsel.


Birth Certificates

Timing - Varies by county, but the typical time frame is 5-10 business days.

Title - Parents can choose to be listed as father, parent, or mother.

GC - The initial birth certificate can include the name of the GC with the name of an IP.  The birth certificate can later be revised to remove the name of the GC.


statutes / case law

Gestational Surrogacy is permitted by statute,  Virginia’s Assisted Conception Statute.  GC compensation is limited to medical and ancillary expenses only.  GC should be unemployed so as to avoid any reimbursement of lost wages.

Is there a statute or published case law that addresses the rights of a donor over the resulting eggs, sperm, embryo or child?  Yes.  Virginia’s Assisted Conception Statute specifies the donor sis not a parent to a resulting child.

 

Venue

County of the Intended Parent's residence or county of the GC’s residence.

Do results vary by venue?  Unknown.

Are motions to waive venue accepted?  Yes.


Electronic signatures / e-notarizaTIONS

Traditional signatures and traditional notarizations required.


Second / step parent adoptions

Can the non-biological parent in a same-sex couple obtain a second parent adoption based solely on the fact that the child was born in the state (i.e., neither of the Intended Parents lives in the state)?  Unknown.

Will courts grant second parent adoptions or stepparent adoptions to heterosexual couples living in the state?  Yes.

Does the couple need to be married?  Yes, the couple must either be married or registered domestic partners.
 
Will courts grant second parent adoptions or stepparent adoptions to same-sex couples living in the state? 
Yes.

Does the couple need to be married?  Yes, the couple must either be married or registered domestic partners.


of counsel

Colleen M. Quinn

Locke & Quinn

4928 West Broad Street

PO Box 11708

Richmond, VA23230

(804) 545-9406

quinn@lockequinn.com

http://www.lockequinn.com/