Surrogate Pay in West Virginia (2026)
First-time surrogates in West Virginia earn $40,000–$55,000 base compensation plus monthly allowances. See full breakdown below.
Surrogate Compensation in West Virginia
First-Time Surrogate
| 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 |
Experienced Surrogate
| 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 Surrogacy Laws
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.”
What that carve-out does and does not do
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.
Parentage is the most restrictive procedure in this group
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.
No statutory protections
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.
Reform came close in 2024
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).
West Virginia Surrogate Requirements
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.
How to become a surrogate in West Virginia: full requirements & qualifications →
How Surrogacy Works in West Virginia
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.
Surrogate FAQ: West Virginia
Is surrogacy legal in West Virginia?
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.
Do I have to live in West Virginia to be a surrogate here?
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.
Is surrogate pay taxable in West Virginia?
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.
How long does surrogacy take in West Virginia?
18–24 months from application to delivery: matching (1–6 months), medical screening, legal review, and the full pregnancy term.
Surrogate Pay by State
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