2006 Code of Virginia § 20-163 - Miscellaneous provisions related to all surrogacy contracts

20-163. Miscellaneous provisions related to all surrogacy contracts.

A. The surrogate shall be solely responsible for the clinical management ofthe pregnancy.

B. After the entry of an order under subsection B of 20-160 or upon theexecution of a contract pursuant to 20-162, the marriage of the surrogateshall not affect the validity of the order or contract, and her husband shallnot be deemed a party to the contract in the absence of his explicit writtenconsent.

C. Following the entry of an order pursuant to subsection D of 20-160 orupon the relinquishing of the custody of and parental rights to any resultingchild and the filing of the surrogate consent and report form as provided in 20-162, the intended parents shall have the custody of, parental rights to,and full responsibilities for any child resulting from the performance ofassisted conception from a surrogacy agreement regardless of the child'shealth, physical appearance, any mental or physical handicap, and regardlessof whether the child is born alive.

D. A child born to a surrogate within 300 days after assisted conceptionpursuant to an order under subsection B of 20-160 or a contract under 20-162 is presumed to result from the assisted conception. This presumptionis conclusive as to all persons who fail to file an action to test itsvalidity within two years after the birth of the child. The child and theparties to the contract shall be named as parties in any such action. Theaction shall be filed in the court that issued or could have issued an orderunder 20-160.

E. Health care providers shall not be liable for recognizing the surrogate asthe mother of the resulting child before receipt of a copy of an orderentered under 20-160 or a copy of the contract, or for recognizing theintended parents as the parents of the resulting child after receipt of suchorder or copy of the contract.

(1991, c. 600.)