Surrogacy in West Virginia

Gestational Surrogacy in West Virginia

Surrogacy is legal in West Virginia. West Virginia Code § 61-2-14h(e)(3) permits gestational surrogacy and specifically allows “fees and expenses included in any agreement in which a woman agrees to become a surrogate mother.”

Understanding Surrogacy Laws in West Virginia

Legal Parentage

Intended parents can pursue parentage via a pre-birth declaratory judgment so long as there is a genetic connection. It is unclear as to whether unmarried intended parents can as easily establish parentage so West Virginia is best for married or single intended parents. Furthermore, a hearing for the judgment is generally required with attendance by all parties.

Backing up a step, the legal parentage process is the critical step where parentage is determined. Depending on where your child is born, the birth parentage orders will be completed either pre- or post-birth. Every state, whether pre-birth, post-birth, or some combination of the two, has its own unique process and requirements. Working with an experienced Assisted Reproductive Technology lawyer and reputable agency is critical to the success of a surrogacy journey. One of the many benefits of working with an established agency like ConceiveAbilities is the legal oversight, education, and support provided to both intended parents and gestational surrogates.

Pre-Birth Orders

The pre-birth process means that the relevant state law provides an avenue for the parties to present an order to a judge for entry prior to the child being born that establishes the intended parent(s) as the legal parents of the child. It will also likely direct the hospital to release the child to the intended parents after discharge and order the West Virginia Office of Vital Records to name the intended parents on the child’s birth certificate.

Post-Birth Processes

The post-birth process is overall procedurally the same as the pre-birth, but it occurs after the child is born. Often this is because the relevant state law contemplates the existence of a live child before anything can be filed or entered. But the ultimate result is the same – a birth certificate with the intended parents’ names and secure legal parentage of the child in favor of the intended parents. Post-birth court orders may be necessary if the pre-birth order process isn’t followed, ensuring legal parentage.

Common Questions About West Virginia Surrogacy Law

Do You Need a Medical Need for Surrogacy in West Virginia?

Although there is no specific law on this, It is best practice to only pursue surrogacy in West Virginia, if you have a medical need. This means surrogacy is only permitted if there is a medical reason a person cannot carry their own child. Some examples of medical needs include unexplained infertility, lack of a uterus or vagina, scarring on the uterus, and a history of complicated pregnancies or miscarriage(s). Existing medical conditions like heart disease, kidney disease, diabetes and pregnancy conditions such as preeclampsia and gestational diabetes that could impact a woman’s ability to carry a child to term or put her life at risk would also qualify as a medical need.

Are There Any Requirements or Specifications for Intended Parent(s) as It Relates to Marital Status?

West Virginia permits married couples and single individuals to pursue surrogacy.

Do Intended Parent(s) need a genetic connection to the embryo?

In West Virginia, at least one intended parent needs a genetic connection to the embryo.

Can International Intended Parent(s) Pursue Surrogacy in West Virginia?

International parents can pursue surrogacy in West Virginia. Learn more about becoming a parent with international family building.

Can LGBTQIA+ Intended Parents safely pursue surrogacy in your state?

Yes, West Virginia allows surrogacy for all individuals including the gay and LGBTQ+ community, regardless of sexual orientation. Learn more about surrogacy and the LGBTQ+ Community.

Can I Use My Own Surrogate? Is Altruistic Surrogacy Permitted?

Yes, altruistic surrogacy is permitted in West Virginia. Even if you have a surrogate, you may still choose to partner with a surrogacy agency to navigate your journey.

Are there any residency requirements for either Intended Parent(s) or surrogates in West Virginia

Generally no so long as the baby is born in West Virginia.

Are there any written laws (statute or case law) relating to the rights of gestational carriers?

West Virginia does not have any written laws pertaining to the rights of gestational carriers. Learn more about surrogate rights.