Before any medical appointments can be scheduled, a surrogacy contract must spell out who is responsible for what, how decisions will be handled and what happens if plans change. A well-drafted contract puts everyone’s expectations in writing and lays out a plan for handling challenges if they come up.
For intended parents in West Virginia, a surrogacy contract helps clarify financial responsibilities, parentage planning and how medical care will be coordinated. For prospective surrogates, it outlines protections related to health, autonomy and compensation.
Below, you’ll find a practical breakdown of what surrogacy contracts in West Virginia usually cover, how enforceability works under state law, how sensitive topics like termination are addressed and more. Each section is designed to help you prepare for the contract negotiation stage.
If you’re ready to start your surrogacy journey or want help understanding your options, you can fill out our form to connect with a knowledgeable surrogacy specialist.
Taking time to understand surrogacy contract basics can make the contract negotiation stage feel more manageable, especially for those starting the journey for the first time. In West Virginia, a comprehensive surrogacy contract typically includes: Compensation and reimbursement terms Medical decision-making provisions that clarify consent, communication and care coordination Delivery and birth planning terms Termination and selective reduction provisions Lifestyle expectations that set guidelines for daily habits during pregnancy Parentage intent provisions that explain how and when intended parents will be legally recognized Each of these sections exists to align expectations and help avoid delays once the medical process begins.What Should Be Included in a Surrogacy Contract in West Virginia?
Do You Need to Complete Legal Clearance Before Embryo Transfer?
In West Virginia, there is no statewide rule requiring a judge to sign off on a surrogacy contract before an embryo transfer takes place. However, many fertility clinics and surrogacy agencies rely on contract finalization as a practical safeguard. Without confirmation that the agreement is complete, treatment doesn’t move forward.
Even without a state-mandated legal clearance process in West Virginia, contract finalization generally follows these steps:
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The agreement is drafted based on the match terms discussed between the surrogate and intended parents.
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Each party then reviews the contract with their own attorney. That attorney explains the legal language, flags concerns and suggests revisions.
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Negotiations continue until all terms are agreed upon, at which point the contract is signed, notarized and confirmed for medical purposes.
How long is the surrogacy contract process? Timelines vary depending on attorney availability and how aligned the parties are on key terms, but this stage often takes a few weeks.
West Virginia does not have legislation that guarantees enforceability for every contract term. Courts instead look at whether the agreement was entered into voluntarily, with informed consent and independent legal representation. Judges also consider whether a provision conflicts with public policy or constitutional protections. Some provisions may be considered unenforceable contract terms, particularly those that attempt to override bodily autonomy or require specific medical decisions. For example, a court cannot require a surrogate to undergo a medical procedure against her will. Because of this, strong contracts focus on documenting intent, expectations and financial responsibilities. A clear contract helps reduce legal risk and gives both parties a better understanding of how issues would be handled if something does not go as planned. Because of this, it’s critical to work with a reputable surrogacy attorney. Most intended parents and surrogates enter into a surrogacy agreement with the intention of following through on their responsibilities. If a term is not followed, breach of surrogacy contract consequences are typically handled through financial adjustments or agreed-upon dispute steps. Common outcomes may include: Contract disputes mediation to work through disagreements while preserving the working relationship Adjustments to compensation schedules, reimbursements or escrowed funds when appropriate Reimbursement of expenses directly tied to the issueCan Surrogacy Contracts Be Enforced in West Virginia?
How Contract Violations and Disputes Are Handled
Fair Surrogacy Compensation in West Virginia and Payment Structure
Surrogacy compensation is structured to recognize the surrogate’s time, effort and physical commitment while remaining consistent with state law. Generally, there are base payments in regular installments, reimbursements for pregnancy-related expenses and event-based payments tied to specific circumstances (such as carrying multiples).
Contracts explain payment schedule options, including when payments begin and how often they are issued throughout the pregnancy. Laying this out clearly helps both sides understand what to expect.
Most agreements also include escrow account requirements. Funds are deposited before pregnancy begins and released according to the agreed schedule. This approach protects both parties by ensuring payments are made on time without requiring direct financial exchanges.
Intended parents are deeply invested in the surrogacy pregnancy. Medical decision-making, however, ultimately involves the surrogate’s body and health. Surrogacy contracts address this balance by outlining expectations without removing autonomy. Provisions related to medical records access rights explain what pregnancy-related updates are shared and how the surrogate’s privacy is protected. Contracts clarify expectations around choosing an OB doctor for surrogacy arrangements. A defined medication approval process is often included, especially during IVF and early pregnancy. Together, these terms help intended parents stay informed and involved while making it clear that the surrogate retains the final say over her medical care. In West Virginia, intended parents and surrogates may outline their shared expectations regarding termination for medical reasons and selective reduction as permitted under state law. These clauses help intended parents clearly communicate their intentions and understand the financial responsibilities tied to different outcomes. At the same time, these provisions do not create enforceable mandates over medical decisions. A surrogacy contract cannot force a surrogate to undergo, refuse or continue a medical procedure. Instead, these sections document intent, outline financial responsibilities and explain what happens if the parties’ expectations cannot be followed. Because of how personal these decisions are, reputable agencies focus on aligning values before a match ever moves to the contract stage. By ensuring that intended parents’ and surrogates’ views are compatible from the beginning, agencies help reduce the risk of conflict and setbacks later in the journey.Who Makes Medical Decisions During a Surrogacy Pregnancy?
Addressing Termination and Selective Reduction in Surrogacy Contracts
Lifestyle Clauses: Travel, Diet and Daily Life Considerations
Lifestyle clauses often feel more personal than other parts of a surrogacy contract because they touch on everyday routines during pregnancy.
For many surrogates, this section raises questions about independence. But lifestyle provisions are meant to support a healthy pregnancy, not to control daily life. These terms are typically based on medical guidance and discussed carefully during contract negotiation.
A surrogacy contract may include expectations related to:
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Travel restrictions during pregnancy, particularly later when being close to medical care becomes more important
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Exercise guidelines, which usually follow physician recommendations
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Diet restrictions, often aligned with standard prenatal guidance
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Work and scheduling expectations, including availability for appointments
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Communication guidelines, which help clarify how often updates are shared and how concerns are raised
These terms are negotiated, not imposed. Clear, respectful language helps prevent misunderstandings and supports a positive working relationship throughout the pregnancy.
Labor and delivery can bring a lot of uncertainty, especially for intended parents who are not the ones giving birth and surrogates who are navigating a highly personal medical experience. Surrogacy contracts typically outline expectations related to: The agreement explains who is expected to be present during labor and delivery, how hospital policies are handled and what happens if the surrogate needs privacy or medical circumstances change. Contracts often describe how updates are shared, who communicates with medical staff and how decisions are relayed if labor is long or complications arise. These provisions outline how custody transitions are handled, how hospital documentation is coordinated and what happens if the baby requires additional care or transfer to another facility. Agreements may include recovery time compensation for medically necessary rest or temporary work restrictions following delivery. If breast milk is requested, a pumping agreement contract can outline duration, supplies, shipping logistics and compensation so expectations are clear before recovery begins. Addressing these terms in the contract allows everyone to focus on the baby’s arrival, not logistics.Planning for Labor, Delivery and the Post-Birth Period
What Forms of Insurance Should Be Included in a Surrogacy Contract?
The insurance section helps clarify who pays for medical care. In West Virginia, surrogacy contracts commonly address the following forms of insurance:
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Surrogate-Friendly Insurance: Agreements outline whether the surrogate’s existing health insurance covers a surrogacy pregnancy or whether a separate, surrogacy-specific policy is needed.
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Life Insurance Requirements: Contracts typically require a life insurance policy that protects the surrogate’s family in the unlikely event of a serious pregnancy-related complication.
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Disability Insurance Coverage: Many contracts include disability coverage to provide financial protection if pregnancy-related complications lead to medically required work restrictions.
How a surrogacy journey is structured can affect how contracts are negotiated and supported. In independent journeys, intended parents and surrogates are responsible for selecting attorneys, managing escrow, reviewing insurance and resolving disputes on their own. This can increase both legal risk and emotional strain. Agency-supported surrogacy often provides additional structure by coordinating legal referrals, escrow management, insurance review and communication support. A neutral third party can help keep conversations productive and reduce tension when sensitive topics come up.Agency vs. Independent Surrogacy: Legal and Emotional Considerations
Start Your Surrogacy Journey and Create a Contract
If you are considering surrogacy and want guidance on surrogacy contracts in West Virginia, a surrogacy specialist can help answer your questions. Filling out our contact form is a simple way to get started with a journey that will change your life.