Surrogacy Law in West Virginia

West Virginia has almost no law on surrogacy — just a narrow exception buried in a criminal statute.

Is surrogacy legal in West Virginia?

Surrogacy isn't illegal in West Virginia, but there's no comprehensive law covering it. The only real hook is a narrow exception inside the state's criminal law against selling children, which confirms that paying a surrogate isn't treated as illegal. A 2024 bill that would have created real surrogacy rules passed the state Senate but didn't make it through the House.

Can a surrogate be paid?

Yes, based on that narrow legal exception. But because there's no comprehensive surrogacy law, there's nothing spelling out how a compensated agreement is supposed to be written or enforced beyond that.

How do intended parents become the legal parents?

Courts often grant pre-birth orders in practice, but this isn't guaranteed by any law — outcomes can vary by county and judge, especially for unmarried or same-sex intended parents or situations where neither intended parent is genetically related to the baby.

A few practical things to know

• Almost no law on the books: just a narrow exception inside a criminal statute, not a real framework.
• A 2024 bill to fix this failed in the legislature — worth watching for future attempts.
• Outcomes vary by court: results can differ from one county to the next.
• Cost: this varies based on the agency, clinic, and surrogate's compensation. See the cost calculator guide for a fuller breakdown.
• Insurance: the surrogate's pregnancy has its own set of insurance questions, separate from the legal process above — see the West Virginia insurance guide linked below.

This isn't legal advice

This page is here to help you learn the basics — it isn't legal advice. West Virginia doesn't have a comprehensive surrogacy law, so a lot depends on your specific situation and the court you're in.

Before signing any surrogacy agreement, talk to a lawyer who specializes in reproductive law in West Virginia. A licensed attorney hasn't reviewed this specific page yet, so please treat it as a helpful starting point for your own research, not a final legal answer.