Surrogacy Laws in West Virginia

Fast Facts

WV is a surrogate friendly state; PBO can be obtained so long as it is in place before the hospital completes the birth registration form … we work with the courts, hospital and vital statistics to get this in place. We can get a birth order without a genetic connection to the child.

WV allows for most surrogacies, except where the gestational carrier is the biological mother of the child; untested is whether we can get a Pre Birth Order for unmarried couples. Robust agreements are highly recommended, as well as working with an agency regarding compensation and reimbursement of expenses.

• Is West Virginia a surrogate friendly state: Yes, however unmarried couples should proceed with caution.
• Can Parent(s) obtain a birth order without an adoption: Yes, as long as it is in place before the hospital completes the birth registration form. Attorneys need to be sure to work with the courts, hospital and vital statistics to ensure that this is in place in time.
• Can birth order be obtained without a genetic connection to Child: Yes. A birth order can be obtained without a genetic connection to the child.

Summary of West Virginia Surrogacy Law

West Virginia allows for gestational surrogacy. West Virginia does not allow for traditional surrogacy, where the surrogate is genetically related to the child that she is carrying.

West Virginia does not yet have precedent as to whether a Pre Birth Order can be obtained for unmarried couples. Robust gestational carrier/surrogacy agreements are highly recommended, as well as working with an agency regarding compensation and reimbursement of expenses.

Attorneys specializing in surrogacy law in West Virginia

Monika L. Jaensson
Dinsmore & Shohl LLP, Partner
dinsmore.com
(304) 357-9924
707 Virginia St E, Suite 1300
Charleston, WV 25301
monika.jaensson@dinsmore.com