Washington State Surrogacy Laws....For Those Who Asked!

Although I am not an attorney, people now are asking me where can I find information on Washington Surrogacy Laws? This is because I now live in Washington State as opposed to the "Surrogate Friendly" state of Florida. Below are the Washington State Surrogacy Law Highlights...note that compensated surrogacy is illegal.

Sharon LaMothe
LaMothe Services, LLC

http://lamotheservices.com/

Surrogate parenting — Contract for compensation void.
A surrogate parentage contract entered into for compensation, whether executed in the state of Washington or in another jurisdiction, shall be void and unenforceable in the state of Washington as contrary to public policy.

Surrogate parenting — Compensation prohibited.
No person, organization, or agency shall enter into, induce, arrange, procure, or otherwise assist in the formation of a surrogate parentage contract, written or unwritten, for compensation. (this is why I don't have an agency located in Washington State...beware of anyone who does and accepts money for their services!)

Establishment of parent-child relationship.
(1) The mother-child relationship is established between a child and a woman by:

(a) The woman's having given birth to the child, except as otherwise provided in RCW 26.26.210 through 26.26.260;

(b) An adjudication of the woman's maternity;

(c) Adoption of the child by the woman;

(d) A valid surrogate parentage contract, under which the mother is an intended parent of the child, as provided in RCW 26.26.210 through 26.26.260; or

(e) An affidavit and physician's certificate in a form prescribed by the department of health wherein the donor of ovum or surrogate gestation carrier sets forth her intent to be legally bound as the parent of a child or children born through alternative reproductive medical technology by filing the affidavit and physician's certificate with the registrar of vital statistics within ten days after the date of the child's birth pursuant to RCW 26.26.735.

(2) The father-child relationship is established between a child and a man by:

(a) An unrebutted presumption of the man's paternity of the child under RCW 26.26.116;

(b) The man's having signed an acknowledgment of paternity under RCW 26.26.300 through 26.26.375, unless the acknowledgment has been rescinded or successfully challenged;

(c) An adjudication of the man's paternity;

(d) Adoption of the child by the man;

(e) The man's having consented to assisted reproduction by his wife under RCW 26.26.700 through 26.26.730 that resulted in the birth of the child; or

(f) A valid surrogate parentage contract, under which the father is an intended parent of the child, as provided in RCW 26.26.210 through 26.26.260.

Surrogate parenting — Definitions.
As used in RCW 26.26.210 through 26.26.260:

(1) "Compensation" means a payment of money, objects, services, or anything else having monetary value except payment of expenses incurred as a result of the pregnancy and the actual medical expenses of a surrogate mother, and the payment of reasonable attorney fees for the drafting of a surrogate parentage contract.

(2) "Surrogate gestation" means the implantation in a female of an embryo not genetically related to that female and subsequent gestation of a child by that female.

(3) "Surrogate mother" means a female, who is not married to the contributor of the sperm, and who is naturally or artificially inseminated and who subsequently gestates a child conceived through the insemination pursuant to a surrogate parentage contract.

(4) "Surrogate parentage contract" means a contract, agreement, or arrangement in which a female, not married to the contributor of the sperm, agrees to conceive a child through natural or artificial insemination or in which a female agrees to surrogate gestation, and to voluntarily relinquish her parental rights to the child.

Surrogate parenting — Custody of child.
If a child is born to a surrogate mother pursuant to a surrogate parentage contract, and there is a dispute between the parties concerning custody of the child, the party having physical custody of the child may retain physical custody of the child until the superior court orders otherwise. The superior court shall award legal custody of the child based upon the factors listed in RCW 26.09.187(3) and 26.09.191.

Surrogate parenting — Provisions violated — Penalty.
Any person, organization, or agency who intentionally violates any provision of RCW 26.26.210 through 26.26.260 shall be guilty of a gross misdemeanor.

Happy Thanksgiving!

"He who thanks but with the lips

Thanks but in part;

The full, the true Thanksgiving

Comes from the heart."
-J.A. Shedd

Wishing you a wonderful Thanksgiving

Sharon LaMothe

LaMothe Services, LLC

http://lamotheservices.com/

LaMothe Services, LLC is Announcing the Launch of the Redesigned Blog, The Business of A.R.T.

LaMothe Services, LLC is announcing the launch of the redesigned blog, The Business of A.R.T. Found under the URL http://theagencyangle.blogspot.com/, the Business of A.R.T. is aimed at professionals in the Assisted Reproductive Technology industry who don't have the time to scour the internet looking for ways to improve their visibility within the current market.


Not only does The Business of A.R.T. blog share articles regarding social networking, branding, marketing and self promotion written by some of the top gurus in the marketing industry, Sharon LaMothe also writes about her own experiences as a surrogacy agency owner sharing tips on starting an agency, working from home, and business structure just to name a few of the more informative posts.

" Whereas LaMothe Services, LLC is designed for clients who desire to hire an assistant, of sorts, who is an expert within the infertility industry to guide and advise them, the blog, The Business of A.R.T. is a perfect compliment for those who simply need to catch up with the newest marketing and networking opportunities available." says Sharon LaMothe

For those not familiar with Sharon LaMothe, she is the Past Owner of Surrogacy Consultants of Florida, LLC and most recently the Owner of Infertility Answers, Inc. (http://infertilityanswers.net/) and is the author of the blog(s) Surrogacy 101 (http://infertilityanswers.typepad.com/surrogacy_101 and http://surrogacy101.blogspot.com/).

Sharon's responsibilities as an agency owner included interviewing new Surrogates, educating and assisting Intended Parents and Surrogates, managing relationships, writing packet forms, intake sheets, brochures and website content, marketing and advertising. Prior to owning SCF, Sharon worked with an adoption/surrogacy attorney. Sharon has also been a Gestational Surrogate, giving birth to twin girls in March of 2000 for a Florida couple, and in January 2005, gave birth to girl/boy twins for a New York couple.

Sharon's educational background includes a Social Services major which encompassed classes in Crisis Identification and Intervention, Interviewing and Counseling, Communication in Groups and Organizations. Sharon's continuing education classes include Total Quality Management (TQM) and Shared Decision Making. She has offered her unique perspectives and expertise by holding round table discussions and speaking on the topic of Surrogacy for SMART ART, RESOLVE, American Fertility Association, Fertile Dreams and by arranging staff development luncheons and meetings with various clinics, hospitals and law offices. Sharon is married with two children and currently resides in Seattle, WA.

Says LaMothe "I encourage anyone who is interested in growing their company, especially in our current economy, to subscribe to The Business of A.R.T. at the http://theagencyangle.blogspot.com/. This blog will most certainly save you time and money and will most likely motivate you to try out new marketing and networking opportunities."

The Culture of Gratitude Part #1

When I read this article, below, by Liz Jazwiec, I thought Who ever talks about gratitude in the work place. Actually "IN" the work place? And it's so important to have. Being thoughtful and thankful and having honest communication is the back bone to a great organization.

I have broken this article into two parts so please keep a look out for the 6 Ways to Create a Culture of Gratitude in Your Organization next! ;-)

Sharon LaMothe

LaMothe Services, LLC

http://lamotheservices.com/

Here’s a question just in time for Thanksgiving: Does your organization encourage a culture of gratitude? Not in an obligatory (and fear-tinged), “In this economy you’d better be grateful just to have a job, buddy!” way, but in a, “Gee, I really appreciate my coworkers and the feeling is mutual” way? Chances are the answer is no. According to a recent Gallup poll, 65% of people say they don’t feel appreciated at work. And that feeling quickly leads to pervasive negativity, low morale, and (worst of all) decreased productivity.

Companies can deliberately infuse their cultures, from top to bottom, with the proverbial “attitude of gratitude.” In fact, those who don’t put gratitude on a pedestal, especially in today’s high-stress work environments, are shooting themselves in the foot. “Too many people leave work every day thinking, My boss doesn’t appreciate me,” says Liz Jazwiec, author of Eat That Cookie!: Make Workplace Positivity Pay Off…For Individuals, Teams and Organizations. “When you feel that your boss doesn’t fully value your work, you start to care a little less. You don’t provide the kind of service you would if you felt appreciated. You don’t make an effort to help your coworkers. “And when the majority of the people in a workplace feel this way, the overall environment is hugely impacted,” she adds. “Productivity decreases, turnover increases, and it can become very difficult to stay afloat, especially in a tough economy.”

Jazwiec stresses that workplace gratitude isn’t something that is passed only from the boss to the employee. To have a real impact on workplace positivity, employees should show it to one another and to their bosses. And leaders and employees should show it to their customers. “It’s obvious when you are in a workplace where people value gratitude and graciousness,” says Jazwiec. “There is a really great vibe in those places. And when gratitude and graciousness are missing, it is equally evident. People in those environments seem to have a sense of entitlement. Coworkers who come into contact with them might say, ‘There is just no pleasing those people!’ Customers might say, ‘They just don’t care about me!’ Neither reaction is good for business.”

The great thing about infusing gratitude into the workplace is that it can come from anyone, regardless of position. “If you are a leader, you can infuse gratitude from the top down, perhaps by making it a required standard of behavior for employees,” says Jazwiec. “And if you are an employee, you can start your own grassroots gratitude movement by expressing gratitude yourself and encouraging your coworkers to do so as well. Everyone—and I mean everyone—can show gratitude in a workplace and influence others to do so.”