First-time surrogates in West Virginia earn $40,000–$55,000 base compensation plus monthly allowances. See full breakdown below.
| Base Compensation | $40,000 – $55,000 |
| Monthly Allowance | $3,000 – $6,000 |
| Maternity Clothing | $1,000 – $2,000 |
| Lost Wages | $3,000 – $10,000 |
| Total Potential | $47,000 – $73,000 |
| Base Compensation | $50,000 – $70,000 |
| Monthly Allowance | $3,000 – $6,000 |
| Maternity Clothing | $1,000 – $2,000 |
| Lost Wages | $3,000 – $10,000 |
| Total Potential | $57,000 – $88,000 |
West Virginia's only statutory mention of surrogacy is a criminal-law carve-out. W. Va. Code §61-2-14h makes buying or selling a child a felony, and subsection (e)(3) exempts “fees and expenses included in any agreement in which a woman agrees to become a surrogate mother.”
It is what makes paying you lawful rather than felony child-buying — a meaningful protection. But it is a shield from prosecution, not a framework. It says nothing about who the legal parents are, nothing about whether your agreement binds anyone, and West Virginia has no published appellate decision on enforceability and no law on egg, sperm or embryo donor rights.
Pre-birth orders are granted, but venue is limited to Kanawha County or the county of birth, motions to waive venue are not accepted, a hearing is required with the intended parents attending, and outcomes vary by judge. Expect a more involved process than in states that grant orders administratively.
The carve-out is purely about payment. There is no age, prior-birth, residency, evaluation or insurance requirement; no required counsel and no rule on who pays; no protected medical decision-making; and no right to withdraw before transfer.
A comprehensive Assisted Reproduction Act would have created a full surrogacy code covering agreement requirements, parentage orders and comity with other states. It passed the West Virginia Senate in February 2024 and died in House Judiciary, and has not been reintroduced since.
Source: W. Va. Code §61-2-14h(e)(3).
The criteria below are agency screening standards, not state law. No statute here sets a minimum age, requires a prior birth, or mandates medical or psychological evaluation. Agencies apply these criteria (largely from ASRM practice guidance) and they determine whether your application proceeds — but they are policy, and some are negotiable.
Final eligibility is determined by the agency's medical team.
Complete application in 10–15 minutes. Agency contacts you within 48 hours.
Physical exam, bloodwork, and uterine evaluation — paid for by the agency.
Review profiles and meet potential intended parents. You always have the right to say no.
Surrogacy agreement reviewed by your own attorney, funded by the agency.
Monthly compensation begins immediately after transfer. All medical costs covered.
Remaining compensation disbursed around delivery. Post-delivery allowances continue up to 6 weeks.
West Virginia has no surrogacy statute and no case law prohibiting it, so gestational surrogacy is practiced here by default. Nothing in state law sets requirements or protections, so your contract is your only protection.
Typically yes. Most agencies require you to live in the state where you carry the pregnancy, as medical care and legal jurisdiction are state-specific.
Base compensation is generally taxable at the federal level. Expense reimbursements (travel, maternity clothes) are typically not taxable. Consult a tax professional for West Virginia-specific guidance.
18–24 months from application to delivery: matching (1–6 months), medical screening, legal review, and the full pregnancy term.
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