First-time surrogates in Virginia earn $50,000–$65,000 base compensation plus monthly allowances. See full breakdown below.
| Base Compensation | $50,000 – $65,000 |
| Monthly Allowance | $3,000 – $6,000 |
| Maternity Clothing | $1,000 – $2,000 |
| Lost Wages | $3,000 – $10,000 |
| Total Potential | $57,000 – $83,000 |
| Base Compensation | $60,000 – $80,000 |
| Monthly Allowance | $3,000 – $6,000 |
| Maternity Clothing | $1,000 – $2,000 |
| Lost Wages | $3,000 – $10,000 |
| Total Potential | $67,000 – $98,000 |
Virginia has an express statute — Va. Code §§20-156 to 20-165 — and you need to understand one thing about it before anything else.
Virginia offers court pre-conception approval under §20-160, or a non-court-approved contract under §20-162 where you sign the relinquishment consent no earlier than three days after birth. There are no pre-birth parentage orders either way.
For the court-approved route, §20-160(B) requires that you have had at least one prior pregnancy and live birth with medical evidence another poses no unreasonable risk; that all parties undergo physical examinations and psychological evaluations; that a home study is completed by a licensed agency; that all parties receive counseling with a report filed; that your spouse is a party; that at least one intended parent is a genetic parent; and that an intended parent is infertile or unable to safely bear a child. These are statute, not agency policy.
§20-163 provides that any contract provision requiring or prohibiting an abortion or selective reduction is against the public policy of the Commonwealth and is void. That clause cannot bind you regardless of what you signed.
On the court-approved route the court appoints counsel for you and a guardian ad litem for the child; the statute does not say who pays. The §20-162 non-court route requires no counsel at all. On exit: §20-161 allows termination for cause before pregnancy, and within 180 days of the last assisted conception a surrogate who is also a genetic parent may terminate with no liability — that right does not extend to a gestational carrier with no genetic tie.
A 2024 bill would have repealed Virginia's ban on for-profit surrogacy brokers. It passed both chambers, was vetoed in March 2024, and the veto was sustained that April.
Source: Va. Code §§20-156 to 20-165.
Virginia's statutory screening is the heaviest in the country, and it is law rather than agency policy. Va. Code §20-160(B) requires a prior pregnancy and live birth, physical examinations and psychological evaluations for all parties, a home study by a licensed agency, counseling with a report filed with the court, and that your spouse be a party to the proceeding.
Final eligibility is determined by the agency's medical team.
Complete application in 10–15 minutes. Agency contacts you within 48 hours.
Physical exam, bloodwork, and uterine evaluation — paid for by the agency.
Review profiles and meet potential intended parents. You always have the right to say no.
Surrogacy agreement reviewed by your own attorney, funded by the agency.
Monthly compensation begins immediately after transfer. All medical costs covered.
Remaining compensation disbursed around delivery. Post-delivery allowances continue up to 6 weeks.
Surrogacy is permitted in Virginia, but state law voids any contract provision paying the surrogate a fee. Only reasonable medical and ancillary expenses may be paid, and lost wages are not reimbursable.
Typically yes. Most agencies require you to live in the state where you carry the pregnancy, as medical care and legal jurisdiction are state-specific.
Base compensation is generally taxable at the federal level. Expense reimbursements (travel, maternity clothes) are typically not taxable. Consult a tax professional for Virginia-specific guidance.
18–24 months from application to delivery: matching (1–6 months), medical screening, legal review, and the full pregnancy term.
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