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having signed an acknowledgment of paternity under RCW 26.26.300 through 26.26.375, unless the acknowledgment has been rescinded or successfully challenged;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.