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2002 SESSION

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026078636
HOUSE BILL NO. 600 Offered January 9, 2002 Prefiled January 8, 2002 A BILL to amend and reenact § 20-159 of the Code of Virginia, relating to encouragement or requirement to abort a fetus. ----------
Patrons-- Black, Abbitt, Byron, Carrico, Cole, Cosgrove, Cox, Gear, Griffith, Hargrove, Janis, Johnson, Jones, S.C., Landes, Lingamfelter, Marshall, D.W., McDonnell, Nixon, Nutter, Oder, Rapp, Reid, Saxman, Sears, Stump and Welch; Senators: Colgan, Martin, Miller, K.G. and Rerras
---------- Referred to Committee for Courts of Justice ----------

Be it enacted by the General Assembly of Virginia:

1. That § 20-159 of the Code of Virginia is amended and reenacted as follows:

§ 20-159. Surrogacy contracts permissible.

A. A surrogate, her husband, if any, and prospective intended parents may enter into a written agreement whereby the surrogate may relinquish all her rights and duties as parent of a child conceived through assisted conception, and the intended parents may become the parents of the child as provided in subsection D or E of § 20-158.

B. Surrogacy contracts shall be approved by the court as provided in § 20-160. However, any surrogacy contract that has not been approved by the court shall be governed by the provisions of §§ 20-156 through 20-159 and §§ 20-162 through 20-165 including the provisions for reformation in conformance with this chapter as provided in § 20-162.

C. Any provision in a surrogacy contract requiring or encouraging the surrogate to abort a fetus, under any circumstance, is void ab initio.