Surrogacy is a beautiful path to parenthood—but it can also raise legal questions, especially in states like West Virginia where surrogacy laws aren’t black and white. If you’re considering surrogacy here, it’s essential to understand your legal rights and responsibilities.
At American Surrogacy, we specialize in helping intended parents and surrogates across the country navigate state-specific legal requirements. When you work with our experienced team, you’ll have personalized guidance and support every step of the way—no matter where your journey takes you.
Let’s explore how surrogacy works in West Virginia—and how you can build your family with confidence.
West Virginia Surrogacy Laws
West Virginia has laws permitting surrogacy, but the law is not comprehensive to all situations, which can cause legal complications in some situations. This means that while the legislative framework is sparse, gestational surrogacy is generally permitted and practiced under contract law.
For situations where the law is unclear, courts in West Virginia often handle these cases on a case-by-case basis, particularly when it comes to parentage and enforceability of contracts.
Yes, paid surrogacy is permitted in West Virginia. However, the enforceability of compensated surrogacy agreements may vary by jurisdiction and judge.
At American Surrogacy, we work with surrogates and intended parents in surrogacy-friendly states, ensuring your journey is legally sound and emotionally safe—even if your match is located elsewhere.
Are Surrogacy Contracts Enforceable in West Virginia?
Yes, surrogacy contracts are generally considered enforceable in West Virginia, although there may be exceptions. Courts typically uphold these agreements as long as they are:
Created before the embryo transfer
Follow state precedents for enforceability
Reviewed by independent attorneys
Include terms about compensation, responsibilities, parentage, and decision-making in emergencies
That’s why working with a trusted national agency like American Surrogacy—in coordination with a local surrogacy attorney—is essential.
Surrogacy Contract Checklist
A valid West Virginia surrogacy contract should include:
Financial Terms
Compensation for the surrogate, reimbursements and handling of unexpected costs.
Medical Procedures
Who makes decisions about embryo transfers, selective reduction, pregnancy termination or cesarean delivery?
Health and Lifestyle
Wellness expectations, travel restrictions and communication preferences.
Legal Parentage
How and when the intended parents will be recognized as the child’s legal guardians.
Dispute Resolution
Clear methods for resolving disagreements—without jeopardizing the journey.
Termination Clauses
What happens if one party needs to end the agreement early?
When Do I Need a Surrogacy Contract in West Virginia?
Your contract should be finalized after you match with a surrogate or intended parent, but before any medical procedures begin. This helps ensure all parties are protected and informed.
How Will American Surrogacy Support Me During the Contract Stage?
At American Surrogacy, we support you through every legal detail. Before presenting a surrogate profile, we review your state’s laws to ensure your match is viable.
How We Help You
Explaining complex legal language in plain terms
Assisting with contract negotiations and feedback loops
Coordinating timelines between medical and legal milestones
Ensuring all documentation is signed and submitted on time
Connecting you with a surrogacy attorney near you
LGBTQ+ Surrogacy Laws in West Virginia
West Virginia does not explicitly restrict LGBTQ+ individuals or couples from pursuing surrogacy. Same-sex couples have successfully established parentage, but second-parent adoption or post-birth orders may be required depending on marital status and court preference. LGBTQ couples who are unmarried may face more legal hurdles.
Abortion Laws in West Virginia and Surrogacy Contract Termination
As of now, West Virginia prohibits abortion in most cases. This can impact your surrogacy contract, particularly in termination scenarios involving health concerns or severe fetal abnormalities.
American Surrogacy ensures termination agreements are fully discussed and documented, and we help families pursue matches in states that align with their preferences if necessary.
Surrogacy Laws for Establishing Parentage in West Virginia
Most intended parents in West Virginia must pursue a post-birth parentage order to be listed on the child’s birth certificate. However, some jurisdictions may allow pre-birth orders, especially for married couples using their own genetic material.
How to Get a Pre-Birth Order
A court hearing will be required in most cases
The time to receive the birth certificate varies, but it is usually issued within a few weeks of birth
LGBTQ+ intended parents may require additional steps like second-parent adoption or post-birth orders
International Surrogacy Laws in West Virginia
West Virginia does not have any specific laws regarding international surrogacy. If you're pursuing international arrangements, consult with an immigration attorney and a surrogacy lawyer to ensure compliance.
A surrogacy attorney helps draft, review, and enforce your contract while guiding you through parentage orders and state-specific nuances.
Need help finding one? We work with trusted local attorneys and can connect you to one who understands West Virginia law.
Contact us to find a surrogacy attorney
How Much Does a Surrogacy Lawyer Cost?
Surrogacy legal fees vary, but intended parents typically cover legal costs for both parties. With American Surrogacy, these costs are already factored into our surrogacy programs, so you won’t face any surprises.
Find a Surrogacy Attorney Near Me – West Virginia
Here is a start on research for surrogacy-friendly attorneys in West Virginia:
Vivian Hatzi Basdekis is a seasoned attorney based in Charleston, West Virginia, specializing in assisted reproduction technology (ART) and adoption law. As a Partner at Frost Brown Todd, she represents intended parents and gestational carriers, guiding them through the negotiation and drafting of gestational surrogacy agreements. Her practice includes securing pre-birth, post-birth, and parentage orders in West Virginia courts for both domestic and international clients. She is recognized as a Dual Fellow of the Academy of Adoption & Assisted Reproduction Attorneys (AAAA).
Are insurance companies required to cover IVF in West Virginia?
No. West Virginia does not mandate IVF insurance coverage. States that do include IL, MA, and CT.
Is an embryo considered a person in West Virginia?
Yes. West Virginia law includes language recognizing embryos as potential life, especially in the context of abortion laws. This may affect disposition agreements in surrogacy contracts.
Is traditional surrogacy legal in West Virginia?
Traditional surrogacy is not prohibited but is generally less favored legally due to complex parentage issues.
Do sperm and egg donors have parental rights in West Virginia?
Typically, no—as long as a proper legal donor agreement is in place.
Is there an IVF Tax Credit?
West Virginia does not offer a specific IVF tax credit at this time.
Let’s Start Your Surrogacy Journey in West Virginia
Every surrogacy journey is unique. If you're considering becoming a parent through surrogacy in West Virginia—or anywhere else—American Surrogacy is here to help. Our compassionate professionals, legal expertise, and personalized matching can make all the difference.
While American Surrogacy has made every effort to present up-to-date information, surrogacy laws in West Virginia are always subject to change — and we make no guarantee the information presented in this article is accurate. Please speak with a local West Virginia surrogacy attorney for legal guidance; this article should not be taken as legal advice.
