When the services of a surrogate are required in order to achieve and sustain a pregnancy, there are alternatives under Virginia law to achieve your forever family.
One alternative allows the parties to obtain an order of the court which will allows the names of the intended parents to be placed on the birth certificate upon the birth of the child(ren). Another requires entering into a contract prior to the birth, then amending the birth certificate after the birth. Often, couples requiring a surrogate may also require an egg or sperm donor.
In all of these cases, the services of an attorney are strongly recommended so the appropriate agreements can be drafted and negotiated, and so you can get strong representation in your case before the court.