Location checked
Google Business Profile 4/5 as of May 30, 2026 · 2 references checked.
State law route
West Virginia surrogacy laws and planning route
Gestational Surrogacy is permitted in West Virginia by W.VA Code §61-2-14h(e)(3), which permits “fees and expenses included in any agreement in which a woman agrees to become a surrogate mother.”... Use this page to separate public legal context from the counsel, clinic, and coordinator decisions that still need case-specific review.
Moderate state posture
Last updated October 8, 2025 Organization-reviewed
Reviewed by Patriot Conceptions Legal Review Team, Legal content review team on October 8, 2025.
On this page
What to confirm next
Before acting on West Virginia surrogacy law
Use this page to decide who should own the next step — your attorney, clinic, or coordinator.
Independent reproductive attorney
What must counsel confirm?
Confirm the West Virginia parentage path, compensation language, venue or residency assumptions, and required signatures before anyone treats a match as ready.
Read legal summaryClinic and screening team
What must the clinic confirm?
Confirm medical clearance, transfer timing, records, monitoring logistics, psychological review, and any clinic-specific requirements before calendars are locked.
Review requirementsPatriot coordination
What should be routed next?
Map state fit, provider handoffs, escrow and insurance timing, travel burden, and whether the West Virginia route needs a backup jurisdiction.
Talk to our teamBefore you proceed
✓ Review West Virginia parentage order requirements with your attorney.
✓ Confirm your gestational carrier agreement complies with current statutes.
✓ Align medical clinic milestones with legal filing timelines to prevent delays.
Legal summary
The West Virginia law, section by section
Category
Moderate
Gestational Surrogacy
Legally permitted under W. Va. Code § 61-2-14h(e)(3), which allows “fees and expenses” in surrogacy agreements.
Traditional Surrogacy
Also allowed because no statute or published case law prohibits it.
Pre-Birth Parentage Orders
Courts do grant pre-birth parentage orders in many cases.
- When both intended parents can be declared legal parents pre-birth (if at least one is genetically related):
- Married heterosexual (own egg & sperm): Yes
- Married heterosexual (with donor usage): Yes
- Unmarried heterosexual (own gametes): Unclear
- Unmarried heterosexual (with donor): Unclear
- Same-sex couples (with donor): Yes, only if married
- Single parent (using their own genetic material): Yes
- When no parent is genetically related:
- Married couples: Yes
- Unmarried couples: Yes
- Same-sex couples: Probably, if married
- Single parent: Yes
Venue
Pre-birth orders may be filed in Kanawha County or the county of the child’s birthplace. Variability by venue: yes—outcomes may vary by judge or county. Motions to waive venue: not allowed. Hearing requirement: yes, and intended parents must attend. Notice must be given to the gestational carrier (and spouse, if any). Pre-birth order possible if no party resides in West Virginia but delivery is in state? Unclear.
Same-Sex Couples
Birth certificate naming: if a valid court order exists and the parents are legally married, they may be listed as “Parent and Parent.” Otherwise, only the biological parent is named. International same-sex male couples can obtain an initial birth certificate naming the biological father and gestational carrier. They can later request a birth certificate naming only the biological father or both fathers (omitting mention of the gestational carrier). Second-parent adoption by non-biological parent when neither intended parent lives in WV: yes, but only if the intended parents are married. Recognition of second-parent/adoption orders from other states: probably.
Birth Certificate Timing
About 10 days post-birth
Vital Records
Vital Records may honor a pre-birth order from another state.
Adoption Options
Courts will grant second-parent and stepparent adoptions for heterosexual couples living in WV. Marriage is required. Courts also grant such adoptions for same-sex couples living in WV, with marriage required.
Primary source
West Virginia source used for this summary
This summary is based on the primary source listed for West Virginia. Confirm your situation with a reproductive attorney licensed in that state.
SourceWest Virginia Code Section 61-2-14h: purchase or sale of child exception
Legislation · Accessed May 31, 2026
Partner with our legal network
We coordinate with reproductive law specialists who draft enforceable agreements tailored to your family plan.
✓Attorney-matched guidance for intended parents, carriers, and donors.
✓Jurisdiction-specific contract language aligned with recent case law.
✓Coordination with clinics to secure parentage orders without delays.
Clinic layer
Fertility clinics in West Virginia
The law sets the parentage route. The clinic sets medical clearance, transfer timing, and monitoring — so both calendars have to be planned together. These are public Atlas profiles, not recommendations.
1 West Virginia clinic profile
Showing 1 of 1 published West Virginia clinic profile, ordered by how complete each public record is.
Atlas clinic facts reviewed June 2, 2026. Patriot does not rank or endorse clinics — each profile links to its own public sources and a correction path. Confirm screening, transfer timing, and carrier requirements with the clinic directly.
Funds custody
How escrow works in West Virginia
In West Virginia, your surrogacy funds are held in a fertility-law firm's attorney trust account (an IOLTA). Patriot never holds your money directly. The firm administers the trust account using software built for that workflow.
Patriot recommends TrustUS, the software your law firm uses to hold your funds. TrustUS runs on top of the firm's IOLTA — not as a separate third-party escrow agent.
✓IOLTA-ready escrow, AES-256 encryption, full audit trail.
✓SOC 2 practices.
✓99.98% receipt match rate, 2-second average payout.
Patriot has not independently verified TrustUS's compliance attestations; consult your attorney before custodying funds.
Explore more states
Stay confident in your chosen destination. See how other jurisdictions approach pre-birth orders, surrogacy compensation, and intended parent protections.
Need legal guidance?
Surrogacy laws are complex and vary by state. Our team collaborates with experienced reproductive law attorneys across the country to ensure your journey remains legally sound and fully protected.
Become a SurrogateLearn + resources
Planning surrogacy in West Virginia?
Move from legal research into the next decision pages: requirements, cost planning, agency comparison, and a live conversation with the team.
Talk with a reproductive attorney licensed in West Virginia before you act on any detail here.
State law route
West Virginia surrogacy laws and planning route
Gestational Surrogacy is permitted in West Virginia by W.VA Code §61-2-14h(e)(3), which permits “fees and expenses included in any agreement in which a woman agrees to become a surrogate mother.”... Use this page to separate public legal context from the counsel, clinic, and coordinator decisions that still need case-specific review.
Moderate state posture
Last updated October 8, 2025 Organization-reviewed
Reviewed by Patriot Conceptions Legal Review Team, Legal content review team on October 8, 2025.
State snapshot
- Legal Status
- No specific surrogacy legislation
- Pre-Birth Orders
- Varies by Jurisdiction
- Compensated Surrogacy
- Status Varies
- Residency Requirement
- Required
What to confirm next
Before acting on West Virginia surrogacy law
Use this page to decide who should own the next step — your attorney, clinic, or coordinator.
Independent reproductive attorney
What must counsel confirm?
Confirm the West Virginia parentage path, compensation language, venue or residency assumptions, and required signatures before anyone treats a match as ready.
Read legal summaryClinic and screening team
What must the clinic confirm?
Confirm medical clearance, transfer timing, records, monitoring logistics, psychological review, and any clinic-specific requirements before calendars are locked.
Review requirementsPatriot coordination
What should be routed next?
Map state fit, provider handoffs, escrow and insurance timing, travel burden, and whether the West Virginia route needs a backup jurisdiction.
Talk to our teamBefore you proceed
✓ Review West Virginia parentage order requirements with your attorney.
✓ Confirm your gestational carrier agreement complies with current statutes.
✓ Align medical clinic milestones with legal filing timelines to prevent delays.
Legal summary
The West Virginia law, section by section
Category
Moderate
Gestational Surrogacy
Legally permitted under W. Va. Code § 61-2-14h(e)(3), which allows “fees and expenses” in surrogacy agreements.
Traditional Surrogacy
Also allowed because no statute or published case law prohibits it.
Pre-Birth Parentage Orders
Courts do grant pre-birth parentage orders in many cases.
- When both intended parents can be declared legal parents pre-birth (if at least one is genetically related):
- Married heterosexual (own egg & sperm): Yes
- Married heterosexual (with donor usage): Yes
- Unmarried heterosexual (own gametes): Unclear
- Unmarried heterosexual (with donor): Unclear
- Same-sex couples (with donor): Yes, only if married
- Single parent (using their own genetic material): Yes
- When no parent is genetically related:
- Married couples: Yes
- Unmarried couples: Yes
- Same-sex couples: Probably, if married
- Single parent: Yes
Venue
Pre-birth orders may be filed in Kanawha County or the county of the child’s birthplace. Variability by venue: yes—outcomes may vary by judge or county. Motions to waive venue: not allowed. Hearing requirement: yes, and intended parents must attend. Notice must be given to the gestational carrier (and spouse, if any). Pre-birth order possible if no party resides in West Virginia but delivery is in state? Unclear.
Same-Sex Couples
Birth certificate naming: if a valid court order exists and the parents are legally married, they may be listed as “Parent and Parent.” Otherwise, only the biological parent is named. International same-sex male couples can obtain an initial birth certificate naming the biological father and gestational carrier. They can later request a birth certificate naming only the biological father or both fathers (omitting mention of the gestational carrier). Second-parent adoption by non-biological parent when neither intended parent lives in WV: yes, but only if the intended parents are married. Recognition of second-parent/adoption orders from other states: probably.
Birth Certificate Timing
About 10 days post-birth
Vital Records
Vital Records may honor a pre-birth order from another state.
Adoption Options
Courts will grant second-parent and stepparent adoptions for heterosexual couples living in WV. Marriage is required. Courts also grant such adoptions for same-sex couples living in WV, with marriage required.
Primary source
West Virginia source used for this summary
Based on the primary source listed for West Virginia. Confirm your situation with a reproductive attorney licensed in that state.
Source West Virginia Code Section 61-2-14h: purchase or sale of child exceptionLegislation · Accessed May 31, 2026
Partner with our legal network
We coordinate with reproductive law specialists who draft enforceable agreements tailored to your family plan.
✓Attorney-matched guidance for intended parents, carriers, and donors.
✓Jurisdiction-specific contract language aligned with recent case law.
✓Coordination with clinics to secure parentage orders without delays.
Clinic layer
Fertility clinics in West Virginia
The law sets the parentage route. The clinic sets medical clearance, transfer timing, and monitoring — so both calendars have to be planned together. These are public Atlas profiles, not recommendations.
1
West Virginia clinic profile
Location checked
Google Business Profile 4/5 as of May 30, 2026 · 2 references checked.
Showing 1 of 1 published West Virginia clinic profile, ordered by how complete each public record is.
Atlas clinic facts reviewed June 2, 2026. Patriot does not rank or endorse clinics — each profile links to its own public sources and a correction path. Confirm screening, transfer timing, and carrier requirements with the clinic directly.
Funds custody
How escrow works in West Virginia
In West Virginia, your surrogacy funds are held in a fertility-law firm's attorney trust account (an IOLTA). Patriot never holds your money directly. The firm administers the trust account using software built for that workflow.
Patriot recommends TrustUS, the software your law firm uses to hold your funds. TrustUS runs on top of the firm's IOLTA — not as a separate third-party escrow agent.
✓IOLTA-ready escrow, AES-256 encryption, full audit trail.
✓SOC 2 practices.
✓99.98% receipt match rate, 2-second average payout.
Patriot has not independently verified TrustUS's compliance attestations; consult your attorney before custodying funds.
Explore more states
See how other jurisdictions approach pre-birth orders, surrogacy compensation, and intended parent protections.
Learn + Resources
Planning surrogacy in West Virginia?
Move from legal research into the next decision pages: requirements, cost planning, agency comparison, and a live conversation with the team.