Vital Records Online
 
 
Virginia · Birth

Virginia Surrogate Consent and Report Form for a Contract Not Approved by the Court (VS41)

Official state formParentage and paternityForm VS41Free downloadLast verified November 10, 2026

This packet is used to get a new birth certificate naming the intended parents of a child born in Virginia under a surrogacy contract that no court approved. It is mailed to the Office of Vital Records. The form prints edition 10/2026.

Who can use this form

  • The intended parent or parents, the surrogate (gestational mother) and her spouse, if any, and the physician who performed the assisted conception.
  • At least one intended parent must be a genetic parent or have legal or contractual custody of the embryo.
  • It must be filed within 180 days of the child's birth.
  • From December 1, 2026 only the 10/2026 edition is accepted. Older editions must be postmarked by November 30, 2026.

What to send with it

  • The completed, signed and notarized VS41.
  • A copy of the surrogacy contract signed by all parties.
  • A completed and signed VS6B Application for Certification of a Birth Record.
  • The intended parents' marriage license, if applicable.
  • The applicant's photo ID, or an attorney's Lawyer ID card with a cover letter.
  • Genetic tests from an AABB certified laboratory, only if a physician statement cannot be obtained.

Where to send it

Mail to
ATTN Surrogacy VDH Office of Vital Records 8701 Park Central Drive, Suite 100 Richmond, Virginia 23227
State fee
The form does not state a fee. The office's surrogacy page lists a $10.00 administrative fee to establish the new birth certificate and a $15.00 fee to print the certificate.
Typical processing
Not provided
Form revision
10/2026
Back to Virginia forms
Virginia Surrogate Consent and Report Form for a Contract Not Approved by the Court (VS41) | Virginia Form