2006 Code of Virginia § 20-165 - Surrogate brokers prohibited; penalty; liability of surrogate brokers

20-165. Surrogate brokers prohibited; penalty; liability of surrogatebrokers.

A. It shall be unlawful for any person, firm, corporation, partnership, orother entity to accept compensation for recruiting or procuring surrogates orto otherwise arrange or induce intended parents and surrogates to enter intosurrogacy contracts in this Commonwealth. A violation of this section shallbe punishable as a Class 1 misdemeanor.

B. Any person who acts as a surrogate broker in violation of this sectionshall, in addition, be liable to all the parties to the purported surrogacycontract in a total amount equal to three times the amount of compensation tohave been paid to the broker pursuant to the contract. One-half of thedamages under this subsection shall be due the surrogate and her husband, ifany, and if he is a party to the contract, and one-half shall be due theintended parents.

An action under this section shall be brought within five years of the dateof the contract.

C. The provisions of this section shall not apply to the services of anattorney in giving legal advice or in preparing a surrogacy contract.

(1991, c. 600.)