Yes, West Virginia permits gestational surrogacy under limited statutory and case law frameworks. The state lacks comprehensive surrogacy statutes but recognizes contracts via judicial precedent, particularly In re Baby (2003), which validated gestational surrogacy agreements. The 2026 West Virginia Department of Health and Human Resources (DHHR) draft regulations propose mandatory pre-birth parentage orders, aligning with the Uniform Parentage Act (2017) amendments.
Key Regulations for Surrogacy in West Virginia
- Pre-Birth Orders Required: Courts must issue parentage decrees before birth, per In re Baby (2003) and DHHR’s 2026 draft rules. Traditional surrogacy (genetic linkage to the surrogate) remains unenforceable.
- Compensation Caps: DHHR’s 2026 guidelines limit total compensation to $50,000, excluding medical and legal expenses. Violations trigger civil penalties under W. Va. Code § 48-22-1 et seq.
- Residency and Venue Restrictions: Surrogacy agreements must be filed in the county of the intended parents’ residence. Non-resident surrogates face additional scrutiny under DHHR’s interstate compact provisions.
Local courts, such as the Kanawha County Family Court, enforce these standards rigorously. Intended parents must secure independent legal counsel to navigate DHHR’s evolving compliance framework.