§ 20-158. Parentage of child resulting from assisted conception.
A. Determination of parentage, generally. - Except as provided in subsectionsB, C, D, and E of this section, the parentage of any child resulting from theperformance of assisted conception shall be determined as follows:
1. The gestational mother of a child is the child's mother.
2. The husband of the gestational mother of a child is the child's father,notwithstanding any declaration of invalidity or annulment of the marriageobtained after the performance of assisted conception, unless he commences anaction in which the mother and child are parties within two years after hediscovers or, in the exercise of due diligence, reasonably should havediscovered the child's birth and in which it is determined that he did notconsent to the performance of assisted conception.
3. A donor is not the parent of a child conceived through assistedconception, unless the donor is the husband of the gestational mother.
B. Death of spouse. - Any child resulting from the insemination of a wife'sovum using her husband's sperm, with his consent, is the child of the husbandand wife notwithstanding that, during the ten-month period immediatelypreceding the birth, either party died.
However, any person who dies before in utero implantation of an embryoresulting from the union of his sperm or her ovum with another gamete,whether or not the other gamete is that of the person's spouse, is not theparent of any resulting child unless (i) implantation occurs before notice ofthe death can reasonably be communicated to the physician performing theprocedure or (ii) the person consents to be a parent in writing executedbefore the implantation.
C. Divorce. - Any child resulting from insemination of a wife's ovum usingher husband's sperm, with his consent, is the child of the husband and wifenotwithstanding that either party filed for a divorce or annulment during theten-month period immediately preceding the birth. Any person who is a partyto an action for divorce or annulment commenced by filing before in uteroimplantation of an embryo resulting from the union of his sperm or her ovumwith another gamete, whether or not the other gamete is that of the person'sspouse, is not the parent of any resulting child unless (i) implantationoccurs before notice of the filing can reasonably be communicated to thephysician performing the procedure or (ii) the person consents in writing tobe a parent, whether the writing was executed before or after theimplantation.
D. Birth pursuant to court approved surrogacy contract. - After approval of asurrogacy contract by the court and entry of an order as provided insubsection D of § 20-160, the intended parents are the parents of anyresulting child. However, if the court vacates the order approving theagreement pursuant to subsection B of § 20-161, the surrogate is the motherof the resulting child and her husband is the father. The intended parentsmay only obtain parental rights through adoption as provided in Chapter 12 (§63.2-1200 et seq.) of Title 63.2.
E. Birth pursuant to surrogacy contract not approved by court. - In the caseof a surrogacy contract that has not been approved by a court as provided in§ 20-160, the parentage of any resulting child shall be determined as follows:
1. The gestational mother is the child's mother unless the intended mother isa genetic parent, in which case the intended mother is the mother.
2. If either of the intended parents is a genetic parent of the resultingchild, the intended father is the child's father. However, if (i) thesurrogate is married, (ii) her husband is a party to the surrogacy contract,and (iii) the surrogate exercises her right to retain custody and parentalrights to the resulting child pursuant to § 20-162, then the surrogate andher husband are the parents.
3. If neither of the intended parents is a genetic parent of the resultingchild, the surrogate is the mother and her husband is the child's father ifhe is a party to the contract. The intended parents may only obtain parentalrights through adoption as provided in Chapter 12 (§ 63.2-1200 et seq.) ofTitle 63.2.
4. After the signing and filing of the surrogate consent and report form inconformance with the requirements of subsection A of § 20-162, the intendedparents are the parents of the child and the surrogate and her husband, ifany, shall not be the parents of the child.
§ 20-158. Parentage of child resulting from assisted conception.
A. Determination of parentage, generally. - Except as provided in subsectionsB, C, D, and E of this section, the parentage of any child resulting from theperformance of assisted conception shall be determined as follows:
1. The gestational mother of a child is the child's mother.
2. The husband of the gestational mother of a child is the child's father,notwithstanding any declaration of invalidity or annulment of the marriageobtained after the performance of assisted conception, unless he commences anaction in which the mother and child are parties within two years after hediscovers or, in the exercise of due diligence, reasonably should havediscovered the child's birth and in which it is determined that he did notconsent to the performance of assisted conception.
3. A donor is not the parent of a child conceived through assistedconception, unless the donor is the husband of the gestational mother.
B. Death of spouse. - Any child resulting from the insemination of a wife'sovum using her husband's sperm, with his consent, is the child of the husbandand wife notwithstanding that, during the ten-month period immediatelypreceding the birth, either party died.
However, any person who dies before in utero implantation of an embryoresulting from the union of his sperm or her ovum with another gamete,whether or not the other gamete is that of the person's spouse, is not theparent of any resulting child unless (i) implantation occurs before notice ofthe death can reasonably be communicated to the physician performing theprocedure or (ii) the person consents to be a parent in writing executedbefore the implantation.
C. Divorce. - Any child resulting from insemination of a wife's ovum usingher husband's sperm, with his consent, is the child of the husband and wifenotwithstanding that either party filed for a divorce or annulment during theten-month period immediately preceding the birth. Any person who is a partyto an action for divorce or annulment commenced by filing before in uteroimplantation of an embryo resulting from the union of his sperm or her ovumwith another gamete, whether or not the other gamete is that of the person'sspouse, is not the parent of any resulting child unless (i) implantationoccurs before notice of the filing can reasonably be communicated to thephysician performing the procedure or (ii) the person consents in writing tobe a parent, whether the writing was executed before or after theimplantation.
D. Birth pursuant to court approved surrogacy contract. - After approval of asurrogacy contract by the court and entry of an order as provided insubsection D of § 20-160, the intended parents are the parents of anyresulting child. However, if the court vacates the order approving theagreement pursuant to subsection B of § 20-161, the surrogate is the motherof the resulting child and her husband is the father. The intended parentsmay only obtain parental rights through adoption as provided in Chapter 12 (§63.2-1200 et seq.) of Title 63.2.
E. Birth pursuant to surrogacy contract not approved by court. - In the caseof a surrogacy contract that has not been approved by a court as provided in§ 20-160, the parentage of any resulting child shall be determined as follows:
1. The gestational mother is the child's mother unless the intended mother isa genetic parent, in which case the intended mother is the mother.
2. If either of the intended parents is a genetic parent of the resultingchild, the intended father is the child's father. However, if (i) thesurrogate is married, (ii) her husband is a party to the surrogacy contract,and (iii) the surrogate exercises her right to retain custody and parentalrights to the resulting child pursuant to § 20-162, then the surrogate andher husband are the parents.
3. If neither of the intended parents is a genetic parent of the resultingchild, the surrogate is the mother and her husband is the child's father ifhe is a party to the contract. The intended parents may only obtain parentalrights through adoption as provided in Chapter 12 (§ 63.2-1200 et seq.) ofTitle 63.2.
4. After the signing and filing of the surrogate consent and report form inconformance with the requirements of subsection A of § 20-162, the intendedparents are the parents of the child and the surrogate and her husband, ifany, shall not be the parents of the child.
§ 20-158. Parentage of child resulting from assisted conception.
A. Determination of parentage, generally. - Except as provided in subsectionsB, C, D, and E of this section, the parentage of any child resulting from theperformance of assisted conception shall be determined as follows:
1. The gestational mother of a child is the child's mother.
2. The husband of the gestational mother of a child is the child's father,notwithstanding any declaration of invalidity or annulment of the marriageobtained after the performance of assisted conception, unless he commences anaction in which the mother and child are parties within two years after hediscovers or, in the exercise of due diligence, reasonably should havediscovered the child's birth and in which it is determined that he did notconsent to the performance of assisted conception.
3. A donor is not the parent of a child conceived through assistedconception, unless the donor is the husband of the gestational mother.
B. Death of spouse. - Any child resulting from the insemination of a wife'sovum using her husband's sperm, with his consent, is the child of the husbandand wife notwithstanding that, during the ten-month period immediatelypreceding the birth, either party died.
However, any person who dies before in utero implantation of an embryoresulting from the union of his sperm or her ovum with another gamete,whether or not the other gamete is that of the person's spouse, is not theparent of any resulting child unless (i) implantation occurs before notice ofthe death can reasonably be communicated to the physician performing theprocedure or (ii) the person consents to be a parent in writing executedbefore the implantation.
C. Divorce. - Any child resulting from insemination of a wife's ovum usingher husband's sperm, with his consent, is the child of the husband and wifenotwithstanding that either party filed for a divorce or annulment during theten-month period immediately preceding the birth. Any person who is a partyto an action for divorce or annulment commenced by filing before in uteroimplantation of an embryo resulting from the union of his sperm or her ovumwith another gamete, whether or not the other gamete is that of the person'sspouse, is not the parent of any resulting child unless (i) implantationoccurs before notice of the filing can reasonably be communicated to thephysician performing the procedure or (ii) the person consents in writing tobe a parent, whether the writing was executed before or after theimplantation.
D. Birth pursuant to court approved surrogacy contract. - After approval of asurrogacy contract by the court and entry of an order as provided insubsection D of § 20-160, the intended parents are the parents of anyresulting child. However, if the court vacates the order approving theagreement pursuant to subsection B of § 20-161, the surrogate is the motherof the resulting child and her husband is the father. The intended parentsmay only obtain parental rights through adoption as provided in Chapter 12 (§63.2-1200 et seq.) of Title 63.2.
E. Birth pursuant to surrogacy contract not approved by court. - In the caseof a surrogacy contract that has not been approved by a court as provided in§ 20-160, the parentage of any resulting child shall be determined as follows:
1. The gestational mother is the child's mother unless the intended mother isa genetic parent, in which case the intended mother is the mother.
2. If either of the intended parents is a genetic parent of the resultingchild, the intended father is the child's father. However, if (i) thesurrogate is married, (ii) her husband is a party to the surrogacy contract,and (iii) the surrogate exercises her right to retain custody and parentalrights to the resulting child pursuant to § 20-162, then the surrogate andher husband are the parents.
3. If neither of the intended parents is a genetic parent of the resultingchild, the surrogate is the mother and her husband is the child's father ifhe is a party to the contract. The intended parents may only obtain parentalrights through adoption as provided in Chapter 12 (§ 63.2-1200 et seq.) ofTitle 63.2.
4. After the signing and filing of the surrogate consent and report form inconformance with the requirements of subsection A of § 20-162, the intendedparents are the parents of the child and the surrogate and her husband, ifany, shall not be the parents of the child.
