Washington

Surrogacy Law in Washington

Washington Surrogacy Law: Types of Surrogacy

Effective January 1, 2019, Washington, under the new Uniform Parentage Act RCW 26.26A, permits gestational surrogacy.  It provides for enforceable gestational surrogate agreements and pre-birth orders under certain conditions.

Traditional (genetic) surrogacy is called “Genetic Surrogacy” in Washington and is permitted under the new statute. Genetic surrogacy agreements must be validated by the court prior to the commencement of the assisted reproduction.  The statute also includes specific requirements for genetic surrogacy agreements. Pre-birth orders are not available in cases involving genetic surrogacy.

Are There Surrogate Requirements in Washington?

The state of Washington has specific requirements in order to serve as a gestational surrogate.

  • You must be at least 21 years old
  • You must have given birth to at least one child but not enter into more than two surrogacy agreements that result in the birth of children
  • You must complete medical screening and a psychological evaluation
  • You must have independent counsel, separate from the intended parents

Does Washington Surrogacy Law Allow for Pre-Birth Orders?

Parentage Orders: Courts in Washington do grant pre-birth orders; enforcement of the pre-birth order is stayed until the birth of the child.

The conditions under which intended parents could be declared legal parents with a pre-birth order if at least one parent is genetically related to the child are listed below:

Yes

Married heterosexual couples, using their own egg and own sperm
Unmarried heterosexual couples, using their own egg and own sperm
Married heterosexual couples, using a sperm or egg donor
Unmarried heterosexual couples, using an egg or sperm donor
Same sex couples, using an egg or sperm donor
Single parents using an egg or sperm donor

No

n/a

For intended parents who are in no way related to the resulting child, the conditions under which intended parents could be declared legal parents with a pre-birth order are listed below:

Yes

Married heterosexual couples
Married same sex couples
Unmarried heterosexual couples
Unmarried same sex couples
Single parents

No

n/a

Whose names go on the birth certificate in Washington?

Parents will be listed on the birth certificate as “parent” and “parent.”

An international same-sex male couple can most likely obtain a birth certificate listing the biological father and gestational surrogate as parents, but the circumstances have not yet been tested under the new statute. A later amended version can list the two fathers as the legal parents. It can be expedited by the child being born in state if the gestational surrogate lives in Washington. Alternatively, a second-parent adoption could be obtained out of state and then documented in WA to update the birth certificate.

Surrogacy Conditions for Same-Sex Couples in Washington

Conditions are favorable for same-sex couple to use a surrogate in Washington.  Same-Sex couples are treated the same as heterosexual couples under the statute and they can be married or unmarried and use their own genetics and/or donors.

Are There Options for Unmarried Intended Parents in the state of Washington?

Yes, marriage is not a requirement under the statute so unmarried couples are treated the same as married couples.

Egg Donation Law

Washington State RCW 26.26A.605 specifies that “a donor is a not a parent of a child conceived by assisted reproduction.”

State law information verified by the following (ART) Assisted Reproductive Law attorney licensed in Washington*

* This information is for general informational purposes only and is not, nor is it intended to be, legal advice. We strongly recommend retaining legal counsel, knowledgeable of reproductive law in the state.