West Virginia Surrogacy Laws

Gestational surrogacy is permitted in West Virginia, which permits the payment of “fees and expenses included in any agreement in which a woman agrees to become a surrogate mother,” (W. Va. Code § 61-2-14h(e)(3).). No statute or case law prohibits the practice of traditional surrogacy in West Virginia.

Both gestational and traditional surrogacy are practiced throughout West Virginia cities like Charleston, Huntington, and Morgantown.

Laws Concerning Parentage Orders in West Virginia

West Virginia allows for its courts to grant pre-birth parentage orders, but results can vary by county (W.Va. Code § 48-16-402.). Generally, courts will grant pre-birth orders to single parents, as well as married opposite- and same-sex couples.  

West Virginia’s intended parents must file a petition requesting a West Virginia pre-birth order in the county of the child’s birth or in Kanawha County with the Bureau of Vital Statistics. It is unclear whether courts will grant pre-birth orders to unmarried couples.

Egg and Sperm Donor Law in West Virginia

Currently in West Virginia, there is no statute or case law governing the rights, obligations, duties, or interests of an individual donating eggs, sperm, or embryos for the purposes of assisted reproduction.

West Virginia Stepparent and Second-Parent Adoption Law

West Virginia courts will grant stepparent adoptions to married, opposite-, or same-sex couples where one of the married individuals is the biological parent of the child (W.Va. Code § 48-22-116.). West Virginia courts will grant adoptions to individuals but not to unmarried couples (W.Va. Code § 48-22-201.).

Fertility Clinics in West Virginia

Contact Baby Steps Surrogacy Center, Inc.

West Virginia surrogacy laws can be confusing, but Baby Steps Surrogacy Center, Inc. can answer all of your questions and make the surrogacy process as simple and stress-free as possible for your family. To start, give us a call at 412-884-2229 or reach us through the contact buttons at the top of this page.