Washington Surrogacy Laws
Overview
As of January 1, 2019, an updated version of the Washington Uniform Parentage Act permits compensated gestational surrogacy and provides a framework for contracts, payment, and establishing parentage. Prior to this, only uncompensated gestational surrogacy agreements were allowed. Violation of the statute’s provisions could be found guilty of a gross misdemeanor.
Traditional surrogacy – or genetic surrogacy, as it is referred to in Washington statutes – is also permitted, although there are additional guidelines around the procedures.
Types of Surrogacy Available in Washington
Can a parentage order be obtained for the following?
Traditional surrogacy is referred to as “genetic surrogacy” in Washington state. Genetic surrogacy isn’t prohibited in Washington, but many attorneys and agencies advise against it due to the increased legal risks involved because a surrogate legally can’t be forced to give up her parental rights.
Gestational surrogacy
Commercial surrogacy
Traditional surrogacy
Altruistic surrogacy
Parentage
Who can be declared as the parent(s) of a child from a surrogate via a court parentage order?
– Both Intended Parent(s) can be named on the parentage order.
– Only a genetic Intended Parent can be named on the parentage order. A non-genetic Intended Parent will need to establish parentage via a second or stepparent adoption following birth.
How are Intended Parent(s) Listed on the Birth Certificate?
Intended Parent(s) may be listed as Father-Mother, Parent-Parent, or Father or Mother.
Rights of Egg or Sperm Donor(s)
According to RCW 26.26A.605, donors of sperm, egg or embryos for assisted reproduction procedures have no parental rights over the donated gametes or a resulting child with a proper and enforceable donor agreement.
Surrogacy Steps in Washington
Surrogacy Process in Washington
Select your agency if applicable
Match with a gestational carrier
Complete medical and psychological evaluations
Select attorneys for the intended parents and gestational carrier and complete the gestational carrier agreement
Begin IVF cycle with surrogate
Pre-birth order
Delivery and birth certificate finalization
Post-birth order
Birth Certificate Timeline
Birth certificate
Legal and medical steps involved in the surrogacy process may differ from case to case. Please speak with your agency and attorneys about how the process might look for you.
Court Processes
Surrogacy Contracts
Both genetic and gestational surrogacy contracts in Washington are recognized and enforced by the state. Genetic surrogacy requires that the contract be approved by judge before the surrogate becomes pregnant; if this step is omitted, then the contract is non-compliant and may not be enforceable. Genetic surrogacy shares similarities with the Washington adoption code, as a genetic surrogate-biological mother is allowed up to 48 hours after the birth of the child to terminate the genetic surrogacy contract.
Independent Counsel
Independent counsel is required for all parties involved in a surrogacy arrangement and must be paid for by Intended Parents.
Requirements for Surrogates and Intended Parent(s)
Surrogates
- Must be 21 years old.
- Must have given birth to at least one child.
- Must not have completed more than two surrogacy agreements that resulted in the birth of children.
- Must complete medical evaluation by a licensed medical doctor.
- Must complete a mental health consultation by a licensed mental health professional.
Intended Parent(s)
- Must each be 21 years old.
- Must complete a medical evaluation related to surrogacy arrangement by a licensed medical doctor.
- Must complete a mental health consultation by a licensed mental health professional.
Birth Orders
Do courts issue pre-birth orders?
Do courts issue post-birth orders?
Are hearings required to obtain either pre- or post-birth orders?
As per Washington’s new statutes, pre-birth orders are available only for gestational surrogacy, although enforcement of the order doesn’t take place until the child is born. Genetic surrogacy cases must file for a post-birth order after granting the surrogate a 48-hour wait period following birth.
Bases of Venue
What are the bases of venue?
Do rulings vary by venue?
Can you file a motion to waive venue?
International Issues
International Intended Parent(s) will have additional legal steps to complete before their return home regarding their country’s immigration and citizen laws that impact the child. It’s imperative the international Intended Parent(s) speak with an experienced attorney in their home country about their situation. The law of more than one country will need to be considered if the Intended Parent(s) are citizens or residents of more than one country.
Residency Requirements
Does Washington have any residency requirements for out-of-state or International Intended Parents?
Birth Certificates
Can an international same-sex male couple receive an initial birth certificate naming the biological father and gestational carrier?
Can an international same-sex male couple obtain an initial birth certificate naming only the biological father?
Can they obtain a birth certificate naming only the Intended Parent(s) with no mention of the gestational carrier?
Passport Timeline
6-8 weeks after submitting birth certificate.
Passports are regulated at the federal level in the United States. To learn more about the process of receiving a US passport, visit Travel.State.gov.
Consulting Attorneys
Mark M. Demaray
Law Offices of Mark M. Demaray, Inc PS
145 3rd Ave S #200
Edmonds, WA 98020
(425) 771‑6453
info@washingtonadoptionattorney.com
washingtonadoptionattorney.com
Legal Disclaimer
The content contained in this website is provided for informational purposes only. Content contained herein may or may not reflect the most current legal information on the subject; accordingly, this website is not promised to be correct or complete at any given time. Outcomes referenced should not be interpreted as an indication of future outcomes. Love & Kindness Surrogacy explicitly disclaims all liability for actions taken or not taken based on the contents of this website.
This website does not constitute a replacement for legal advice or counsel. Always consult an attorney before beginning the surrogacy process.
Last updated October 2019