Surrogacy

Introduction

The Code of Virginia permits court-approved and non-court approved surrogacy contracts. The Virginia Department of Health (VDH) is unable to provide or recommend legal counsel, or otherwise assist in the completion or execution of surrogacy contracts.

Information needed by the VDH to identify the existing birth certificate on file, and the information to establish the new birth certificate are provided on the VS6B form, Commonwealth of Virginia – Application for Certification of a Birth Record, which is used to request amendment and issuance of the child’s birth certificate. Printable versions of the VS6B form, may be found here.

VDH forms must be completed using black unfading ink, and may not contain alterations or erasures. Applicants and attorneys are encouraged to review form completion and acceptance requirements as outlined in 12VAC5-550-150 of the Regulations Governing Vital Records.

Note on non-court approved surrogacy contracts: The Code of Virginia requires that all documentation and the request to prepare a new birth certificate be completed and filed with the State Registrar within 180 days of the birth of the child. The State Registrar is unable to process submissions that are postmarked 180 days after the child’s birth, and submissions that remain incomplete after 180 days from the child’s birth.

Specifically, this is required by § 20-162 (A)(3) of the Code of Virginia.

What needs to be submitted?

As surrogacy situations vary widely, please be aware that additional documentation/evidence may be required or requested by the State Registrar before the child’s new birth certificate is established or issued (e.g., an order of parentage is not needed in all circumstances, but may be required to be submitted in some instances). The lists below outline ID requirements and include the documentation to submit to the State Registrar when requesting to establish a child’s new birth certificate due to surrogacy.

For Attorneys submitting documents – ID requirements:

  • A copy of the attorney’s Lawyer ID card/License Card with photo identification.
  • Cover letter outlining the nature of the request and listing all documents submitted with the request.

For applicants submitting document packets without an attorney – ID requirements:

  • A copy of the applicant’s photo ID (driving license, state identification card, etc.). Acceptable forms of identification for applicants may be found on the reverse side of the VS6B form, Commonwealth of Virginia – Application for Certification of a Birth Record.

For applicants using court-approved surrogacy contracts:

  • Certified copy of the court order directing establishment of a new birth certificate naming the intended parent(s) as the parent(s) of the child.
  • Amendment and issuance request – VS6B form, Commonwealth of Virginia – Application for Certification of a Birth Record.
  • Payment of required fees for amendment and issuance of the birth certificate. The VDH charges a $10.00 administrative fee to establish the new birth certificate, and a $12.00 fee to print the certificate.
  • Photo ID of the intended parent(s) requesting issuance of the new birth certificate (if applicable)

For applicants using non-court approved surrogacy contracts:

  • Copy of the surrogacy contract signed by all parties.
  • A completed, signed, and notarized VS41 form, Contract Not Approved by the Court, which includes the:
    • Surrogacy Consent and Report Form;
    • Physician’s Affidavit confirming the genetic relationship between the child, gestational mother, gestational mother’s spouse (if applicable), and the intended parent(s);
    • Gestational Mother Consent to Change of Name and Termination of Parental Rights Form;
    • Gestational Mother’s Spouse Consent to Change of Name and Termination of Parental Rights Form; and
    • Amending Birth Certificate Form.
  • Genetic tests confirming biological parentage are only needed if a physician’s statement attesting to the child’s biological parentage cannot be obtained, and must be conducted by an AABB certified laboratory.
  • Marriage license for the intended parents (if applicable).
  • Completed and signed VS6B form, Commonwealth of Virginia – Application for Certification of a Birth Record.
  • Amendment and issuance request – VS6B form, Commonwealth of Virginia – Application for Certification of a Birth Record.
  • Payment of required fees for amendment and issuance of the birth certificate. The VDH charges a $10.00 administrative fee to establish the new birth certificate, and a $12.00 fee to print the certificate.
  • Proof of Identification (Photo I.D.)

    Fees paid by check or money order may be made to the State Health Department.

    How to Submit

    Please mail all documentation, applications, and fee payments to:

    ATTN Surrogacy
    VDH Office of Vital Records
    2001 Maywill Street
    Suite 101
    Richmond, Virginia
    23230

    Additional Resources

    Court Approved Surrogacy Contract Guidance Checklist: may be used as guidance when requesting to establish a child’s new birth certificate due to a surrogacy that was completed using a court-approved contract.

    Non-Court Approved Surrogacy Contract Guidance Checklist: a checklist to follow when completing the VS41 Surrogate Consent and Report Form for surrogacy agreements that were not approved by the court.

    VS41 Surrogate Form 04.25 Fillable: a PDF version of the form that can be edited and saved.

    VS41 Surrogate Form 04.25: a PDF version of the form that can be printed.

    Last Updated: April 16, 2025