State Laws and Legislation

West Virginia Surrogacy Law

Summary: West Virginia has no laws directly addressing the legality of surrogacy contracts. The issue of surrogacy agreements involving lesbian, gay, bisexual or transgender (LGBT) individuals has not yet been considered by the courts.

Explanation: State law prohibiting the purchase or sale of a child specifically mentions that “fees and expenses included in any agreement in which a woman agrees to become a surrogate mother” are not prohibited by the statute. This wording suggests that surrogacy arrangements may be enforceable.

There is no explicit prohibition in West Virginia on LGBT couples jointly adopting a child, nor is there an explicit prohibition on LGBT individuals from adopting a child of their same-sex partner.

Citations: W. VA. CODE § 48-22-803(e)(3) (2009).

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Updated: Wed, September 09, 2009 - 11:00:29