The American Surrogacy Center [TASC] provides a very positive analysis of legal surrogacy in West Virginia. TASC says:
“West Virginia is a surrogacy-friendly state. Some states have a great deal of law on the subject of surrogacy – either from state statutes or appellate court cases. Other states have no law, which leaves the question up in the air. West Virginia has only one sentence in its law which is incredibly significant.”
Indeed, West Virginia adoption legislation adds one exception not usually found in the adoption statutes of other states. One section provides the additional exception for: “Fees and expenses included in any agreement in which a woman agrees to become a surrogate mother.”
The bottom line is – surrogacy is legal in West Virginia.
“If a surrogate lives in West Virginia and delivers the baby in West Virginia, she can be paid for her services.”