Washington

Understanding Surrogacy Laws in Washington

Washington Surrogacy Requirements & Rights
Washington law defines who can be a “gestational surrogate” and provides specific details as to what terms need to be included in the gestational carrier for it to be enforceable. Specifically, a gestational carrier may not have completed more than two (2) surrogacies. Therefore, for all parties’ protection, it is critical that intended parents and gestational carriers work with experienced surrogacy professionals.

Washington Intended Parents Requirements & Rights
A few common questions intended parents have when it comes to surrogacy is understanding legal requirements and mandates in the state of Washington for legal parentage, pre-birth orders, and post-birth orders when using a surrogate. Below is more information on each one.

Legal Parentage
As of January 1, 2019, Washington enacted the Washington Uniform Parentage Act that provides for enforceable gestational carrier agreements and pre-birth orders. Pre-birth orders are granted regardless of the intended parent(s) marital status, sexual preference, genetic connection, or medical need for surrogacy. Pre-birth orders go into effect upon the birth of the child.

Backing up a step, the legal parentage process is the critical step where parentage is determined. Depending on where your child is born, the birth parentage orders will be completed either pre- or post-birth. Every state, whether pre-birth, post-birth, or some combination of the two, has its own unique process and requirements. Working with an experienced Assisted Reproductive Technology lawyer and reputable agency is critical to the success of a surrogacy journey.

Pre-Birth Orders
The pre-birth process means that the relevant state law provides an avenue for the parties to present an order to a judge for entry prior to the child being born that establishes the intended parent(s) as the legal parents of the child. It will also likely direct the hospital to release the child to the intended parents after discharge and order the Washington Office of Vital Records to name the intended parents on the child’s birth certificate.

Post-Birth Processes
The post-birth process is overall procedurally the same as the pre-birth, but it occurs after the child is born. Often this is because the relevant state law contemplates the existence of a live child before anything can be filed or entered. But the ultimate result is the same – a birth certificate with the intended parents’ names and secure legal parentage of the child in favor of the intended parents. Post-birth court orders may be necessary if the pre-birth order process isn’t followed, ensuring legal parentage.