Surrogacy is legal for gay couples in West Virginia. While the state’s framework isn’t as comprehensive as other states, LGBT couples have successfully established parentage through careful legal planning. An experienced attorney can help you navigate the process and protect your rights.

This guide covers everything you need to know about West Virginia’s LGBT surrogacy laws, including pre-birth orders and birth certificate procedures. We’ll explore how marriage affects your legal standing, why partnering with a surrogacy agency can streamline your path to parenthood and more. Ready to take the next step? Connect with a surrogacy professional today to discuss your options in West Virginia.

How West Virginia Handles Pre-Birth Orders for LGBT Parents Using Surrogacy

If you’re married in West Virginia, you’re in a strong legal position to get a pre-birth order as a same-sex couple. West Virginia courts consistently grant pre-birth orders to married gay couples, even when using donor eggs or sperm. This means two moms or two dads using surrogacy in West Virginia can establish parental rights before their baby is born.

However, results can vary by county and judge. Some jurisdictions may have different requirements or preferences, which is why working with an attorney experienced in LGBT surrogacy law becomes crucial for ensuring success.

Can You Get Legal Recognition as a Non-Genetic LGBT Parent in West Virginia?

Yes, non-genetic parents in LGBT couples can get a pre-birth order in West Virginia, but your marital status makes all the difference. If you’re married, West Virginia courts will recognize both you and your spouse as legal parents from the moment your baby is born. This applies even when only one partner has a genetic connection to the child, or when you’re using donor eggs and sperm.

However, if you’re unmarried, the legal path becomes significantly more complicated. Courts are unlikely to grant pre-birth orders that recognize unmarried partners as legal parents. The non-genetic partner may not have immediate legal rights to the child and will need to pursue second-parent adoption in another state after birth, adding time, cost and legal complexity to your family-building journey.

Unmarried LGBT Couples Face Extra Hurdles — Here’s What You Need to Know

Unmarried LGBT intended parents can either marry before starting surrogacy to establish parental rights or pursue a second-parent adoption after birth. This process provides a clear path forward but still demands careful planning and timing.

The state’s preference for married couples in surrogacy cases means that unmarried LGBT partners face additional legal hurdles. Because it’s unclear whether courts will issue pre-birth parentage orders for unmarried couples, marriage remains the most reliable way to ensure both partners are recognized as legal parents from birth.

Can You Get a Pre-Birth Order as a Single LGBT Parent in West Virginia?

Single LGBT intended parents generally have an easier path to establishing parentage in West Virginia. Courts commonly issue pre-birth parentage orders for both married couples and single individuals whether they are using their own genetic material or donor gametes.

The process is typically simpler for single intended parents because only one person is seeking legal recognition. That said, it’s still important to work with an experienced attorney. Even when the path is straightforward, having legal counsel who understands surrogacy laws for LGBTQ couples in West Virginia is important. Attorneys ensure that all documentation is handled correctly and your parental rights are fully protected from the moment your child is born.

Your Family on Paper: How Birth Certificates Work for Gay Couples Using Surrogacy

When a pre-birth parentage order is granted, both intended parents can be listed on the child’s birth certificate. The standard state form uses “Mother” and “Father,” but the wording on your certificate will depend on your court order and the local vital records office.

Because practices can vary between counties, your attorney will make sure your court order includes the necessary language to have both parents correctly recognized. With proper legal guidance, you can be confident your child’s birth certificate will reflect your family structure from the start.

What Is the Timeline for Receiving Your Child’s Official Birth Certificate?

Most families can expect to receive the birth certificate within about two to four weeks after birth. However, the timeline depends on how you request it.

• In Person: Parents who apply directly at the state vital records office can often receive a certified copy the same day.
• By Mail: Requests sent by mail usually take one to three weeks to process and arrive.
• Online or Phone: Ordering through the state’s approved online or phone service is typically faster than mail and offers expedited options, though extra fees may apply.

For LGBT parents with a pre-birth parentage order, the process often moves smoothly since the legal foundation has already been established before delivery. However, if additional legal steps are required or paperwork is incomplete, processing times may take longer than expected.

Beyond the Birth Certificate: When LGBT Parents Need Second-Parent Adoption

In West Virginia, marriage and pre-birth orders are the two main factors that determine if LGBT couples need a post-birth adoption. Unmarried partners cannot pursue a second-parent adoption in West Virginia. The only way for a non-biological parent to adopt is through the state’s stepparent adoption process, which is available only to married couples.

Married couples who already have a pre-birth parentage order don’t need to adopt their own child. Still, many families choose to complete one as an added layer of protection, especially if they plan to move to another state or travel internationally.

In contrast, some states do allow unmarried couples to pursue second-parent adoptions. However, adoption petitions are generally filed where the adoptive parent resides. That means you usually cannot take advantage of another state’s laws unless you live there (or, in some cases, if the child was born there).

Because gay surrogacy laws vary, it’s essential to work with an attorney familiar with both West Virginia law and, if relevant, the laws of your state of residence or your child’s birth state. They can advise you on whether a post-birth adoption is necessary in your situation and how to best secure both parents’ rights.

Your Safety Net: Essential Contract Protections for LGBT Families

The surrogacy contract is your most important safeguard as LGBT intended parents. These agreements are generally enforceable under contract law, but because West Virginia has limited statutes on surrogacy, the exact enforceability can depend on the court.

Your contract should cover:

• Decision-making authority during pregnancy
• Medical care choices
• Legal steps for establishing parentage
• And more

These elements help ensure the process runs smoothly and that everyone understands their role in securing your parental rights.

Why LGBT Couples Can Benefit from Professional Surrogacy Support

Partnering with a surrogacy agency that help gay couples in West Virginia can provide you with crucial support throughout your journey. Agencies specializing in LGBT surrogacy understand the unique legal landscape you’ll navigate and can connect you with surrogates who are specifically supportive of LGBT families.

Additionally, agencies with extensive legal networks can connect you with attorneys who specialize in LGBT surrogacy law and understand West Virginia’s specific requirements. This expertise becomes invaluable when navigating pre-birth orders, birth certificate procedures and any additional legal steps your situation may require.

Your Legal Team: Finding the Right Surrogacy Attorney in West Virginia

Here is an experienced attorney licensed to practice in West Virginia who understands the complexities of LGBT surrogacy law:

• Vivian Hatzi Basdekis (Charleston): Vivian has performed hundreds of interstate and West Virginia adoptions and surrogacy cases. She represents intended parents and gestational carriers in negotiating and drafting gestational surrogacy agreements, and she frequently represents national and international clients in West Virginia court proceedings to obtain pre-birth, post-birth and parentage orders.

Ready to Begin? Your First Steps Toward LGBT Surrogacy in West Virginia

Taking the first step toward building your family through surrogacy begins with connecting with professionals who understand your unique needs as an LGBT intended parent. Start by scheduling consultations with both a vetted surrogacy agency and an experienced attorney to understand your options and develop a comprehensive plan.

Ready to start your surrogacy journey in West Virginia? Fill out our form today, and we’ll help you connect with reputable surrogacy professionals. Your dream of parenthood is within reach.