The law of Virginia explicitly approves of uncompensated surrogacy, but it appears to exclude same-sex couples from participation in surrogacy arrangements.

Virginia statutes impose numerous restrictions on surrogacy agreements.  The law also limits formation of such agreements to a surrogate and “intended parents” defined as “a man and a woman, married to each other.”  Additionally, the law requires a circuit court order approving the agreement.

However, there is no explicit prohibition in Virginia on lesbian, gay, bisexual or transgender couples jointly adopting a child, nor is there an explicit prohibition on lesbian, gay, bisexual or transgender individuals from adopting a child of their same-sex partner.