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Legal Aspects of Surrogacy - West Virginia

Overview of Gestational Surrogacy Laws in West Virginia

West Virginia permits gestational surrogacy under the legal framework outlined in W.VA Code §61-2-14h(e)(3). This regulation allows for the payment of fees and expenses in agreements where a woman consents to become a surrogate mother. While this guide offers a comprehensive understanding of the basic rules and guidelines of surrogacy in West Virginia, it is essential to seek professional legal counsel for personalized guidance through your specific surrogacy journey.

Is Gestational Surrogacy Permitted in West Virginia?

Yes, gestational surrogacy is legally recognized and allowed in West Virginia. This means that surrogates can carry a child for intended parents without being genetically related to the baby.

What About Traditional Surrogacy?

Traditional surrogacy is also permitted in West Virginia, as there is no statutory prohibition or case law against it. In traditional surrogacy, the surrogate uses her own egg, making her the biological mother. However, traditional surrogates cannot relinquish their parental rights until after the birth of the child, which can complicate the legal process.

Is Paid Surrogacy Legal in West Virginia?

Yes, compensated surrogacy is legally acceptable in West Virginia. The law endorses the payment of fees and expenses to surrogates, which is typically agreed upon in the surrogacy contract between surrogates and intended parents. Compensation for surrogates includes, but is not limited to, payments for:

  • Mock Cycles and Embryo Transfers

  • Medication Initiation Fees

  • Monthly Allowances for Miscellaneous Expenses

  • Housekeeping and Maternity Clothing

  • Medical Expenses and Travel Costs

  • Lost Wages and Child Care During Bed Rest

  • Term Life and Medical Insurance

  • Legal Counsel and Psychological Counseling

Surrogacy Contracts in West Virginia

In West Virginia, there is no specific legislation governing the creation of surrogacy contracts. Nonetheless, during the legal contract formation, both intended parents and surrogates must have separate legal representation. This ensures that the interests and rights of all parties are adequately protected. The surrogacy agreement should address various aspects, including:

  • Financial Arrangements: Detailed compensation and expense coverage.

  • Responsibilities: Clearly defined roles and obligations of each party.

  • Risks and Complications: Handling potential risks and complications.

  • Sensitive Matters: Addressing issues like selective reduction and pregnancy termination.

  • Communication Expectations: Guidelines for interaction and updates during the surrogacy journey.

  • Delivery Plans: Plans for the delivery at the hospital and post-birth procedures.

Following mutual agreement and signing of the contract by both parties, the medical aspect of surrogacy can commence.

Establishing Legal Parentage in West Virginia

In West Virginia, pre-birth parentage orders are generally issued to both married individuals and single persons, including cases where neither intended parent is genetically related to the child. However, outcomes can vary based on the county and the presiding judge. The stance on issuing pre-birth parentage orders to unmarried couples is not explicitly clear, and some couples may need to complete a post-birth adoption to establish their parental rights fully.

Same-Sex Surrogacy in West Virginia

Legality of Same-Sex Surrogacy: Same-sex surrogacy is legal in West Virginia. Same-sex couples and LGBT+ intended parents undergo a similar surrogacy process as heterosexual couples, which often involves using an egg or sperm donor for the IVF process.

Additional Laws Affecting Same-Sex Parenting: There are no additional laws in West Virginia specifically impacting same-sex parents, ensuring equal treatment under the law.

Additional FAQs on Surrogacy in West Virginia

Enforceability of Surrogacy Contracts: While there is no direct legal provision in West Virginia on the enforceability of surrogacy contracts, they are presumed enforceable like any other legal contract. Working with an experienced surrogacy attorney is crucial for navigating this process.

Laws for Non-U.S. Parents: International intended parents are subject to the same laws as domestic intended parents in West Virginia. However, it is recommended that they consult with an immigration attorney to ensure compliance with legal procedures for taking their child to their home country.

Adoption Requirements Post-Birth: The necessity for unmarried intended parents to complete an adoption post-birth to establish parental rights in a West Virginia surrogacy depends on individual circumstances and can be determined only by a surrogacy attorney experienced in West Virginia law.

Second-Parent Adoptions: West Virginia does not offer second-parent adoptions for unmarried couples. Only married intended parents may need to complete an adoption post-birth to establish parental rights, if necessary.

Legal Protections for Non-biological Unmarried Intended Parents: Unmarried intended parents who are not biologically related to the child must either marry prior to the surrogacy process to establish parental rights or pursue a second-parent adoption outside West Virginia. Upon return, it's probable, though not guaranteed, that West Virginia's Vital Records Office will update the child's birth certificate to reflect these legal changes.

Handling of Donor Egg, Sperm, or Embryo Cases: In most scenarios, the use of donor eggs, sperm, or embryos by married individuals or single persons does not impede their ability to obtain a pre-birth parentage order in West Virginia. However, unmarried intended parents using donor gametes may face challenges in obtaining parentage orders for both partners. Currently, West Virginia lacks specific statutes or case law addressing the legal roles and obligations of individuals donating eggs, sperm, or embryos for assisted reproduction purposes.

Conclusion

This comprehensive overview highlights the key legal aspects of gestational surrogacy in West Virginia. The state's supportive legal framework allows for both gestational and traditional surrogacy, with compensated surrogacy being legally recognized. For specific guidance and legal advice, it's essential to consult with a knowledgeable attorney experienced in surrogacy law. This ensures that all parties involved in the surrogacy process are fully aware of their rights and responsibilities and that the surrogacy agreement is crafted in a manner that aligns with West Virginia's legal landscape.

Guide: Everything you need to know to become a surrogate in West Virginia

In this quick guide, we will cover everything you need to know about becoming a surrogate in your state, including the requirements, compensation and benefits, legal aspects, and how we can assist you in starting your journey seamlessly.

How We're Different:

Choosing Modooboo means partnering with a team that values trust, compassion, and excellence. Our extensive experience, combined with a deep understanding of the emotional and physical aspects of surrogacy, makes us a trusted ally in your journey to parenthood or in your decision to help others become parents.

Empowered by Experience

Modooboo stands apart through the personal journeys of our team members. Our collective experience not only enriches our support system but also informs our development of comprehensive programs tailored to meet the varied needs of surrogate candidates.

Top-Tier Surrogate Benefits

Surrogates choose Modooboo as their guiding agency because we've designed our program with their needs at the forefront. Experience unparalleled generosity with our package offering up to $120,000 in compensation, ensuring you're among the highest-earning surrogates in the U.S. we ensure our surrogates feel valued and respected throughout their journey.

Personal Experience, Professional Guidance

We are more than an agency; we are a community of individuals who have personally embarked on the surrogacy journey. This personal touch, combined with our professional acumen, allows us to offer empathetic, informed guidance. We understand the emotional nuances of surrogacy from both the surrogate's and the intended parents' perspectives, enabling us to foster a supportive, understanding environment for everyone involved.

Get Started with Modooboo

As a surrogate with Modooboo, you can qualify for one of the industry's highest compensations, with surrogates earning up to $120K.

Frequently Asked Questions (FAQ)

  • The journey to become a surrogate is undertaken with thorough guidance and support from our experienced team. This rewarding path begins with meeting a set of criteria essential for ensuring a healthy pregnancy and childbirth on behalf of another individual or couple. Our process is meticulous, ensuring that all potential surrogates are well-prepared for this commitment.

  • To be considered for surrogacy, candidates must:

    Be under 38 years old

    Hold U.S. citizenship or permanent residency

    Reside in states where surrogacy is legally permitted

    Be in good physical and mental health

    Have successfully given birth to and are raising at least one child

  • Becoming a surrogate involves a comprehensive process, including:

    Initial Application: Your journey starts with our online application. Following this, our coordinator will discuss the process, address any queries, and request necessary forms for background and medical checks.

    Profile Questionnaire: You'll provide detailed information about yourself, forming the basis of your confidential profile for intended parents.

    Medical Review: We'll review your obstetric records to confirm your medical suitability for surrogacy.

    Consultations: Our team will guide you through the surrogacy process and address any concerns.

    Medical and Psychological Screenings: This includes health evaluations and discussions to ensure your readiness.

    Home Assessment: A social worker will ensure your living environment is conducive to a healthy pregnancy.

    Matching Process: We'll match you with intended parents that share your surrogacy goals.

    Legal Contracting: Once matched, a legal contract is formed with the intended parents.

  • Surrogates receive monthly payments starting after pregnancy confirmation via ultrasound. The total compensation package is comprehensive, reflecting individual journeys and specifics such as multiple pregnancies or additional embryo transfers. Our surrogates' compensation is highly competitive, with detailed breakdowns available on our benefits page.

  • Experienced surrogates receive higher compensation. Returning surrogates are awarded additional payment, reflecting their invaluable experience and commitment to helping families grow. For detailed figures and benefits, visit our pay and benefits page.

  • The possibility of multiple surrogacies depends on your health and delivery history. We have guidelines on the acceptable number of vaginal deliveries and C-sections to ensure your safety. If you're considering surrogacy again, we're here to discuss your eligibility.

  • We collaborate with surrogates across states where surrogacy is legal, providing comprehensive support throughout the journey. We accommodate surrogates from across the country, covering all associated travel and medical expenses.

  • Choosing our program connects you with top-tier fertility clinics and a network of support. We distinguish ourselves through competitive compensation from the start, coverage of all related expenses, access to exceptional medical care, and unwavering support throughout the surrogacy experience.

  • If you're drawn to the surrogacy journey, please apply through our online platform. For additional insights, our FAQ section and surrogate stories offer perspectives on the surrogacy experience. For any further inquiries, our dedicated team is ready to assist you.

Join Our Community

At Modooboo Surrogacy, we believe in creating spaces where our community can flourish - filled with resources, stories, and connections. Our journey together doesn’t end here; it spans across various platforms where you can dive deeper into the world of surrogacy, find support, and celebrate the magic of creating families. Join us beyond our website to explore more