In West Virginia, gestational surrogacy is permissible under West Virginia Code §61-2-14h(e)(3), which permits “fees and expenses included in any agreement in which a woman agrees to become a surrogate mother.” The courts are generally favorable to married couples, regardless of sexual orientation, and will entertain a petition for a pre-birth order as provided in the surrogacy agreement.
Traditional (genetic) surrogacy is similarly permitted in West Virginia because no statute or published case law prohibits it, provided that the agreement is well drafted.
