Washington Surrogacy Laws

Under the recently enacted Uniform Parentage Act in Washington, both gestational surrogacy and traditional surrogacy are permitted in the state (WA ST 26 § 701 et seq.). Washington gestational surrogacy agreements are valid and enforceable as long as certain requirements are met (WA ST 26 § 703.).  

Both the Washington surrogate or gestational carrier and the intended parents must be at least twenty-one or older and have independent legal representation, and the surrogate or gestational carrier must have given birth to at least one child prior to entering the Washington surrogacy agreement (Id. § 703.).  

Surrogacy is permitted and practiced throughout Washington cities like Seattle, Spokane, and Tacoma.

Laws Concerning Parentage Orders in Washington

Washington allows for its courts to grant pre-birth parentage orders in certain circumstances. Washington statute allows for an acknowledgement of parentage to be signed and filed prior to the birth of the child, but the acknowledgement does not take any legal effect until the child is born (WA ST 26 § 304.).

Any person who consents under Section 604 of the Uniform Parentage Act to assisted reproduction by a woman with the intent to be a parent of a child conceived as a result of the assisted reproduction will be found to be a parent of that child (WA ST 26 § 603.).

Egg and Sperm Donor Law in Washington

Under Washington statute, a donor is defined as an individual who provides gametes intended for use in assisted reproduction. This statute excludes a man who provides sperm with intentions of being the parent of the child (WA ST. 26 § 102.). Otherwise, the donor is not a parent of a child conceived by assisted reproduction (WA ST. 26 § 602.).

Washington Stepparent and Second-Parent Adoption Law

Washington statute provides that any person, regardless of their age or residence, may be adopted by a legally competent person over the age of eighteen (RCWA 26.33.140.). Courts in Washington primarily focus on the “best interest of the child” when granting or denying petitions for adoption, including Washington stepparent adoptions (RCWA 26.33.240.).

Fertility Clinics in Washington

Talk to Baby Steps Surrogacy Center, Inc.

Washington surrogacy laws shouldn’t be so hard to understand, but they are, unfortunately. The good news is that Baby Steps Surrogacy Center, Inc. is here to help. To find out how we can help you, reach us through the contact buttons at the top of this page or give us a call at 412-884-2229.