GOVERNOR'S VETO

Pursuant to Article V, Section 6, of the Constitution of Virginia, I veto House Bill 110, which repeals the Commonwealth’s prohibition on commercial surrogacy brokers.

While I recognize the desire for an efficient surrogacy process, the Commonwealth must carefully consider the serious concerns that arise when we allow the increased commercialization and profit-driven commodification of surrogacy.

In 1991, Virginia took a significant and virtuous step by legalizing surrogacy. The Commonwealth recognized the complexities surrounding surrogacy regulation and opted for a permissive framework with notable restrictions, including the prohibition of for-profit brokering. This deliberate decision was made to safeguard against the risks associated with financial motives dominating the surrogacy landscape. Removing this prohibition without a simultaneous review of regulations, potentially disrupts Virginia's established legal structure.

Commercial surrogacy brokers, driven primarily by financial gain, may divert attention from the successful pregnancy, the welfare of the child, and the interests of both the intended parents and the surrogate. Our current legal framework acknowledges some of those concerns and has sought to strike a balance, which may be disrupted by the unchecked entry of profit-driven brokers into this space.

Allowing brokers, who are contractually obligated to represent the intended parents, leads to the possibility of coercion and abuse of surrogates. Human trafficking related to commercial surrogacy is increasing worldwide, resulting in exploitation, extortion, and ethical abuses such as requesting specific hormones or medications for the surrogate, which would be exacerbated with commercialization.

Virginia's existing legal framework requires legal representation for both intended parents and surrogates, a requirement that attempts to ensure impartiality; however, this falls short in addressing the nuances and potential abuses that may arise. Some attorneys might lack the specialized experience needed to navigate the intricate details of surrogacy contracts, which will necessitate negotiating with well-resourced, experienced, and professional brokers, leaving surrogates vulnerable to potential abuses.

The free market is a powerful and significant force for raising individuals out of poverty, but we must recognize that not all areas are suitable for commodification. Surrogacy involves a profound bond between a mother and her child, a relationship that transcends monetary transactions. These brokers may bring some element efficiency to the process, but the potential erosion of the ethical foundations that underpin surrogacy goes too far.

My commitment is to ensure that this treatment is fair and provides opportunities for intended parents and children, while ensuring that financial motives never overshadow the profound and selfless act of bringing life into the world.

Accordingly, I veto this bill.