Legislative Milestone in West Virginia’s Surrogacy Landscape:
West Virginia does not have explicit statutes regarding surrogacy, and the state relies on court precedents and individual county practices.
Surrogacy Contracts
Not explicitly addressed in state statutes, leading to varied enforceability.
Agreements should clearly outline parental rights and responsibilities.
Independent legal counsel for both parties is highly recommended.
Parental Rights
Pre-birth orders are legal in West Virginia, allowing intended parents to establish their parental rights before the baby is born.
Legal Rights of Surrogates:
Surrogates have the right for the counseling.
The rights and protections for surrogate are guided by these individual court decisions and county practices
Surrogates have the right for base compensation, outlined in the agreement.
Who Can Benefit from Surrogacy in WV?
Married heterosexual couples
Married same-sex couples
Single parents, using own eggs
Surrogacy Environment in West Virginia:
In the absence of explicit surrogacy laws, West Virginia operates under a patchwork of case law and applicable statutes that influence how surrogacy arrangements are managed. Intended parents and surrogates in West Virginia are encouraged to work with fertility lawyers who can craft detailed surrogacy agreements. These agreements serve as the foundation of understanding between the parties involved, outlining each person's responsibilities, rights, and expectations before embarking on the surrogacy journey.
Advantages of Surrogacy in WV:
West Virginia’s stance on surrogacy might be described as cautious yet considerate. Without specific statutes, those involved in surrogacy must rely on legal counsel to mitigate uncertainties. Nonetheless, the state’s foundational values of kinship and support often shine through, providing a reassuring environment for those looking to expand their families through surrogacy.
