The Cove state guide
Case-specific routeWest Virginia expressly excludes fees and expenses in a surrogacy agreement from its prohibition on buying or selling a child. That exception is not a comprehensive framework for contracts or parentage, which still require case-specific legal planning.
See the rules for your familyYour family. Your legal pathway.
Start with your situation, then read the conditions. A route can depend on marriage, a genetic connection, residence, and how the court establishes each parent’s rights. More than one row may apply to your family.
A single intended parent is not expressly excluded by West Virginia’s surrogacy-payment exception, but that exception does not establish parentage. Birth-registration law initially presumes the person giving birth is the mother unless a competent court determines otherwise. A sole parent needs a case-specific order addressing the carrier and any donor involvement.
Sources 43West Virginia has no comprehensive surrogacy statute that guarantees joint parentage for unmarried partners. The birth-registration rules and any existing parental presumptions must be addressed in court. Ask counsel how each partner, especially a non-genetic partner, will be recognized; an agreement permitting payments is not itself a two-parent birth order.
Sources 345Two fathers need a court order that addresses both intended fathers and the carrier’s presumed maternity. The surrogacy-payment exception does not prohibit gay intended parents, but also does not supply a guaranteed joint-parentage process. Confirm the proposed court’s treatment of donor eggs, marriage, and the non-genetic father before transfer.
Sources 43Two mothers using a separate carrier should not rely on rules concerning the spouse of a person who gives birth. The carrier is initially presumed the mother for birth registration unless law or a court provides otherwise. Each intended mother needs a specific recognition plan, including any donor-egg or non-genetic-parent issues.
Sources 35A West Virginia hospital birth can support a parentage proceeding in reported practice, but results vary by court and family circumstances. Parents living abroad should confirm jurisdiction and the required order before treatment. State birth registration does not settle nationality, immigration, passports, or whether the family’s home country will recognize both intended parents.
Sources 23How to read these answers: “Recognized route” means the cited law or legal practice provides a pathway for that family situation. “Conditions apply” flags an additional eligibility or parentage issue. “Case-specific” means the answer depends on the facts or court practice. “Significant restriction” points to a legal obstacle explained in the answer.
These categories describe legal pathways, not a clinic’s medical criteria or a guaranteed outcome. For transgender or nonbinary parents, counsel should also examine any sex-specific wording and how the planned use of eggs, sperm, or embryos affects the route.
The route depends on case law, parentage law, or local court practice rather than a comprehensive surrogacy statute.
This guide covers gestational surrogacy, where the surrogate does not provide the egg. Traditional surrogacy follows different rules. A state’s category does not determine whether your particular arrangement qualifies.
There is no comprehensive surrogacy provision stating that intended parents must marry, and no clear statewide guarantee of joint recognition for unmarried partners. The carrier’s marital status can affect initial birth-record presumptions. Counsel must address both intended parents separately rather than assuming marriage, or its absence, resolves the case.
Reported practice includes orders where neither intended parent is genetically related, but there is no detailed statute guaranteeing that result. West Virginia’s birth-registration law begins with the carrier’s maternity. Donor evidence and the intended parents’ agreement should support a tailored court petition addressing everyone’s claimed or presumed status.
Professional guidance describes West Virginia hospital births as a basis for many surrogacy parentage cases, with variation by county and judge. The payment exception itself contains no intended-parent residency pathway. Identify the actual court connection and planned delivery before relying on West Virginia for a nonresident family.
Use a written agreement with separate legal representation. Counsel should assess the agreement and the expected court process rather than treating the payment exception as a guarantee of enforceability.
Birth-registration law allows a competent court to displace the carrier’s presumed maternity before the certificate is filed. In S.U. v. C.J., the court rejected an alleged arrangement for lack of credible proof; it did not ban all gestational agreements. Obtain a properly documented plan rather than relying on an unsigned or disputed understanding.
West Virginia Code § 61-2-14h expressly exempts fees and expenses included in a surrogacy agreement from that section's prohibition. The agreement should still clearly allocate payments and uncovered costs.
A state’s parentage process and your home country’s recognition of that parentage are separate questions. Before matching, have counsel in both countries confirm the legal route, the child’s citizenship and passport requirements, and the documents needed to return home.
Plan who will obtain certified court orders and birth certificates, whether translations or authentication are needed, and how much time to allow after birth. A favorable state-law answer does not settle immigration or travel requirements.
International parentage recognition: HCCH (opens in a new tab)Learn how Cove helps intended parents explore their options and keep the journey organized.
Explore Cove for parentsSources checked October 13, 2026. Check the source’s effective date as well as its publication date.
General information, not legal advice. Laws and court practices can change. A reproductive-law attorney should confirm the rules for your circumstances before you sign an agreement or begin treatment.
