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.
Reviewed by Patriot Conceptions Legal Review Team, Legal content review team on October 8, 2025.
This state summary is educational planning context, not legal advice. Surrogacy laws, court practice, and parentage-order procedure can change — confirm your specific route with qualified reproductive counsel before acting.
Before acting on West Virginia surrogacy law
Use this page to decide who needs to confirm the next step. It is screening guidance, not legal advice, medical clearance, or guaranteed approval.
Confirm the West Virginia parentage path, compensation language, venue or residency assumptions, and required signatures before anyone treats a match as ready.
Read legal summaryConfirm medical clearance, transfer timing, records, monitoring logistics, psychological review, and any clinic-specific requirements before calendars are locked.
Review requirementsMap state fit, provider handoffs, escrow and insurance timing, travel burden, and whether the West Virginia route needs a backup jurisdiction.
Talk to our teamThe 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.
The visible law summary is tied to the governed West Virginia source row used by the state-law dataset and machine-readable feed. Treat the page as educational planning context and confirm case-specific questions with qualified reproductive counsel.
Official sourceWe coordinate with reproductive law specialists who draft enforceable agreements tailored to your family plan.
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.
Disclaimer: 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.
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 SurrogatePlanning 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.
Disclaimer: This information is for educational purposes only and does not constitute legal advice. Please consult with a qualified reproductive law attorney for advice specific to your situation.
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.
Reviewed by Patriot Conceptions Legal Review Team, Legal content review team on October 8, 2025.
- Legal Status
- No specific surrogacy legislation
- Pre-Birth Orders
- Varies by Jurisdiction
- Compensated Surrogacy
- Status Varies
- Residency Requirement
- Required
This is educational planning context, not legal advice. Laws and court practice can change — confirm your specific route with qualified reproductive counsel before acting.
Before acting on West Virginia surrogacy law
Use this page to decide who needs to confirm the next step. It is screening guidance, not legal advice, medical clearance, or guaranteed approval.
Confirm the West Virginia parentage path, compensation language, venue or residency assumptions, and required signatures before anyone treats a match as ready.
Read legal summaryConfirm medical clearance, transfer timing, records, monitoring logistics, psychological review, and any clinic-specific requirements before calendars are locked.
Review requirementsMap state fit, provider handoffs, escrow and insurance timing, travel burden, and whether the West Virginia route needs a backup jurisdiction.
Talk to our teamThe 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.
The visible law summary is tied to the governed West Virginia source used by the state-law dataset and machine-readable feed. Treat the page as educational planning context and confirm case-specific questions with qualified reproductive counsel.
Official source West Virginia Code Section 61-2-14h: purchase or sale of child exceptionWe coordinate with reproductive law specialists who draft enforceable agreements tailored to your family plan.
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.
Disclaimer: 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.
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.