Washington Surrogacy Laws & Policies

Category

Surrogacy-Friendly

Gestational Surrogacy

Washington updated its parentage law effective January 1, 2019 (amending the Uniform Parentage Act). Gestational carrier agreements are enforceable under certain conditions.

Traditional Surrogacy (Genetic Surrogacy)

Pre-birth parentage orders are not available. After birth, there is a 48-hour rescission period, during which the surrogate can change her mind. Once that period passes, intended parents can seek post-birth parentage orders to establish legal parentage. Compensation in Washington is legal, even in surrogacy arrangements.

Pre-Birth Parentage Orders

Yes—courts may grant pre-birth parentage orders in gestational surrogacy cases. Enforcement of the pre-birth order is “stayed” (not effective) until the birth of the child.

• Who Can Be Named: If at least one intended parent is genetically related, Washington’s law allows both to be named in the pre-birth order for: married heterosexual couples (own eggs/sperm), married couples using a donor, unmarried heterosexual couples (own gametes or using donor), married or unmarried same-sex couples using a donor, and single parent using their own genetic material.
• Also, even if no one is genetically related, both intended parents may still be declared legal parents via pre-birth order.

Requirements

The gestational carrier (GC) must be at least 21 years old, have had a prior pregnancy resulting in a live birth, and can have no more than two prior surrogacy experiences. GC and intended parents must undergo medical and mental-health screening. All parties must have independent legal counsel.

Venue

One can file in counties tied to the child, intended parent, gestational surrogate, or where medical/mental-health services in the surrogacy agreement occur.

Same-Sex Parents

On the final birth certificate, same-sex parents are listed as “Parent and Parent.” For international same-sex male couples, they probably can get an initial birth certificate naming the biological father + gestational carrier, though there is little experience under the new law. Probably can later obtain a birth certificate naming only the biological father or both fathers, excluding mention of the gestational carrier.

Birth Certificate Timing

Per Washington procedures

Out-of-State/Venue Considerations

A pre-birth order might be possible even if no one (carrier or intended parent) lives in Washington, if at least one medical or mental health procedure under the agreement takes place in Washington. Venue is fairly flexible. Outcomes are generally consistent across counties, though procedures (forms, hearings) may vary.

Adoption Options

Washington courts grant second-parent/stepparent adoptions for both heterosexual and same-sex couples living in the state. The couple must be married or registered domestic partners to qualify.