Surrogacy Laws & Process in West Virginia
Understanding the Surrogacy Process in West Virginia
Gestational surrogacy is permitted in West Virginia. The state allows intended parents to enter into agreements with carriers and provides a statutory framework that acknowledges these contracts. Both carriers and intended parents follow structured requirements that balance rights and responsibilities.
The process begins with screening and matching. Intended parents connect with a carrier who has completed thorough evaluations, including medical and psychological assessments.
Legal agreements then outline expectations, compensation, and responsibilities for each party. The process creates a secure foundation so that every stage of the journey has clarity and respect.
Surrogacy in West Virginia also involves close coordination with medical providers. Fertility specialists oversee embryo transfer and pregnancy care while attorneys and courts provide legal protection. This balance of medical, legal, and emotional guidance creates a pathway where intended parents can look forward to welcoming their child.
Pre-Birth Parentage Orders in West Virginia: Legal Recognition Before Birth
West Virginia allows intended parents to obtain pre-birth parentage orders. These orders play a central role in confirming parentage and protecting rights from the moment of birth. Courts issue these orders under W.VA Code §61-2-14h(e)(3), which permits agreements that include compensation and support for carriers.
Pre-birth parentage orders cover a range of family structures. Married heterosexual couples using their own egg and sperm qualify for recognition before birth. Married couples who use donor gametes also qualify.
Same-sex married couples who use donor gametes can secure recognition as well. Single intended parents can obtain pre-birth orders when using their own genetic material. The law remains less clear for couples who are unmarried, and outcomes may vary depending on the judge.
When no intended parent has a genetic connection, courts still often grant pre-birth parentage orders to married heterosexual couples, same-sex married couples, and single parents. In each scenario, the result affirms the intended parents as the legal parents on the birth certificate.
Courts typically require hearings where intended parents appear, and notice is given to the carrier and her spouse if applicable. The process results in official recognition that protects intended parents from the earliest moment of their child’s life.
Medical, Psychological, and Legal Requirements in West Virginia Surrogacy
Every surrogacy journey in West Virginia involves medical, psychological, and legal safeguards. Carriers undergo health evaluations to confirm eligibility for pregnancy. Mental health professionals assess readiness and offer ongoing support throughout the journey. Fertility clinics manage medical protocols such as screenings, embryo transfers, and prenatal care.
Legal requirements complete the framework. Attorneys draft agreements that define rights, responsibilities, and financial arrangements. These agreements must comply with state law and protect all parties. Courts then formalize parentage through pre-birth or post-birth orders, depending on each case. This structure gives families security as they move forward with the surrogacy process.
Explore the Carrying Dreams Surrogacy Heatmap
Intended parents often want to compare surrogacy laws across the United States. The Carrying Dreams Surrogacy Heatmap highlights surrogacy-friendly states and provides insights into each legal framework. Families can use this resource to understand which states offer the most supportive environments for surrogacy.
If you have any inquiries about the West Virginia surrogacy law & process, feel free to contact ustoday.
