Effective as of January 1, 2019, Washington’s new Uniform Parentage Act, RCW 26.26A, permits gestational and genetic surrogacy. The new parentage statute recognizes surrogacy agreements and pre-birth orders under certain conditions. The statute enumerates certain requirements that apply to both gestational and genetic surrogacy, such as:
- At least one party must be a WA resident, and if there is no WA resident, then at least one medical evaluation/procedure/mental health consultation required by the surrogacy agreement must occur in WA.
- Each intended parent, the surrogate, and the surrogate’s spouse must be parties to the surrogacy agreement.
- The intended parent(s) and the surrogate must have separate legal representation.
Traditional (genetic) surrogacy is called “genetic surrogacy” in Washington and is permitted under the new statute. The statute includes specific requirements for genetic surrogacy agreements to be enforceable. Genetic surrogacy agreements must be validated by the court prior to the commencement of the assisted reproduction. Pre-birth orders are not available in cases involving genetic surrogacy.
