The West Virginia Gestational Surrogacy Act (W. Va. Code § 61-2-14h) explicitly allows and regulates gestational surrogacy arrangements, making it one of the few states in the region with a defined legal pathway for intended parents.

 

Under this law, gestational surrogacy agreements are valid and enforceable when they meet the statutory requirements. Both the intended parents and the surrogate must be at least 21 years old, undergo medical and mental health evaluations, and be represented by independent legal counsel. The agreement must be signed before any embryo transfer and approved by the court.

 

Once the surrogate becomes pregnant, intended parents can obtain a pre-birth parentage order, confirming them as the legal parents and directing the West Virginia Department of Health to issue a birth certificate listing their names. This process applies equally to married or unmarried couples, single individuals, and LGBTQIA+ families, reflecting the state’s inclusive approach to family formation.

 

Traditional surrogacy, where the surrogate uses her own egg, is not specifically prohibited but is less protected under state law and therefore not recommended for those seeking a secure legal process.

 

At Giving Tree Surrogacy, we work closely with experienced West Virginia reproductive law attorneys to ensure that every step—from drafting your agreement to obtaining your parentage order—is handled with precision, compassion, and care.