Legal Aspects of Surrogacy - Washington

Key Aspects of Washington Surrogacy Law

Washington has significantly refined its approach to surrogacy with the enactment of the revised Washington Uniform Parentage Act, effective January 1, 2019. This act provides comprehensive legal provisions for both compensated gestational and traditional surrogacy arrangements, ensuring clarity and protection for all parties involved.

Gestational Surrogacy Legality

As of January 1, 2019, compensated gestational surrogacy is fully legal in Washington. The Washington Uniform Parentage Act allows intended parents to establish legal parentage through pre-birth parentage orders. These orders can be obtained regardless of the intended parent(s) marital status, sexual orientation, or genetic connection to the child​ (nwsurrogacycenter)​.

Traditional Surrogacy and Legal Process

Traditional surrogacy, referred to as "genetic surrogacy" in Washington, is also legal. However, it differs from gestational surrogacy in terms of legal procedures. Pre-birth parentage orders are not available for traditional surrogacy. Instead, post-birth orders are issued after a 48-hour period post-delivery, during which the surrogate may revoke the agreement​ (SurrogateFirst)​​​.

Compensated Surrogacy Agreements

Surrogates in Washington can legally receive compensation. Surrogacy contracts typically cover a wide range of expenses, including medical costs, legal fees, maternity clothing, travel expenses, and other related costs, in addition to the base compensation. The agreements must meet specific statutory requirements to be enforceable, including independent legal representation for both the surrogate and the intended parents​ (surrogacybyfaith)​​.

For detailed information on surrogacy laws in Washington and personalized legal advice, it is recommended to consult with experienced surrogacy professionals and attorneys​.

Surrogacy Contracts in Washington

Contractual Requirements

To ensure enforceability, surrogacy agreements in Washington must include independent legal representation for both the surrogate and the intended parents. The key elements of the contract should include:

• Rights and Responsibilities: Clearly defining the obligations and expectations of each party.

• Financial Aspects: Detailing the compensation for the surrogate, including medical expenses, insurance, and other related costs.

• Parental Rights: Provisions for establishing the intended parents' legal rights post-birth.

• Contact Expectations: Outlining how communication and contact will be managed throughout the surrogacy process.

Criteria for Surrogacy Contract

• Previous Pregnancy: The surrogate must have had at least one prior pregnancy and birth, but no more than two prior surrogacies.

• Age Requirement: All parties involved must be at least 21 years old.

• Screening: Mandatory medical and mental health screenings for all parties.

• Residency: At least one party must be a resident of Washington.

Establishing Legal Parentage in Washington

Pre-Birth Parentage Orders

In gestational surrogacy cases, pre-birth parentage orders are obtainable regardless of the intended parents' marital status, genetic connection to the child, or sexual orientation, provided the agreement meets statutory requirements.

Post-Birth Orders

For traditional surrogacy cases, legal parentage is established through post-birth orders following a mandatory 48-hour waiting period after the child's birth.

Same-Sex Surrogacy

Legal Status

Same-sex surrogacy is legally treated the same as surrogacy for opposite-sex couples in Washington. The process for same-sex couples often involves the use of egg or sperm donors for the IVF procedure.

Enforceability of Surrogacy Contracts

Surrogacy contracts in Washington are enforceable if they meet the statutory requirements outlined in the Washington Uniform Parentage Act. Both intended parents and surrogates must have independent legal representation, and the agreement must cover the rights, responsibilities, and financial arrangements of each party(Love & Kindness Surrogacy)​.

International Surrogacy Arrangements

International intended parents are subject to the same surrogacy laws as domestic parents in Washington. It is advisable for international parents to consult with an immigration lawyer to navigate the legalities of bringing their child home, ensuring compliance with both U.S. and their home country's laws​.

Post-Birth Adoption Requirements

Post-birth adoption is rarely necessary in gestational surrogacy cases due to the availability of pre-birth parentage orders. However, exceptions may apply for surrogacy arrangements conducted out of state, where the legal framework may differ, necessitating a post-birth adoption to establish parental rights​.

Second-Parent and Stepparent Adoptions

Washington allows for second-parent adoptions, which are available for unmarried couples, and stepparent adoptions for married couples. These options help secure legal parental rights when pre-birth parentage orders are not applicable​ (SurrogateFirst)​​.

Cases Involving Donor Gametes

In surrogacy cases involving donor eggs, sperm, or embryos, a post-birth parentage order or a physician's affidavit is usually sufficient to establish parental rights. Washington law states that donors are not considered legal parents, ensuring that the intended parents' rights are protected​(Love & Kindness Surrogacy)​.

Conclusion

Washington’s surrogacy laws provide a clear and structured framework, ensuring the rights and responsibilities of all parties involved are respected and legally recognized. For personalized advice and guidance tailored to individual circumstances, consulting with an experienced surrogacy attorney is crucial to navigate the complexities of surrogacy law in Washington.