Surrogacy Laws in Washington State

Fast Facts

• Is Washington a surrogate friendly state: Yes.
• Can Parent(s) obtain a birth order without an adoption: Yes.
• Can birth order be obtained without a genetic connection to Child: Yes.

Summary of Washington Surrogacy Law

The surrogacy agreement must meet the requirements of RCW 26.26A.705 – .710.

The person acting a surrogate must be:

• 21 years old or older.
• Previously given birth to at least one child but not enter into more than two surrogacy agreements that result in the birth of children.
• Completed a medical evaluation related to the surrogacy agreement by a licensed medical doctor.
• Completed a mental health consultation by a licensed mental health professional.
• Had independent legal representation of their choice, paid for by the intended parent/s, throughout the surrogacy arrangement about the terms of the surrogacy agreement and the potential legal consequences of the agreement. The lawyer is named in the agreement.

The intended parent/s:

• Is/are 21 years or older.
• Completed a medical evaluation related to the surrogacy agreement by a licensed medical doctor.
• Completed a mental health consultation by a licensed mental health professional.
• Had independent legal representation of their choice, paid for by the intended parent/s, throughout the surrogacy arrangement about the terms of the surrogacy agreement and the potential legal consequences of the agreement.

All parties must sign the agreement in front of a notary or witness before a medical procedure has occurred (other than the medical evaluation or mental health consultation). Each intended parent and the person acting as a surrogate must receive a signed copy of the agreement.

The content of the surrogacy agreement must meet the requirements of RCW 26.26A.715 which includes:

* Disclosure of how each intended parent will cover the surrogacy-related expenses of the surrogate and the medical expenses of the child. If health care coverage is used to cover the medical expenses, the disclosure must include a summary of the health care policy provisions related to coverage for surrogate pregnancy, including any possible liability of the woman acting as a surrogate, third-party liability liens, other insurance coverage, and any notice requirement that could affect coverage or liability of the woman acting as a surrogate.

* A statement that the surrogate is authorized to make all health and welfare decisions regarding herself and her pregnancy.

Pre-birth and post birth parentage orders are available by filing petitions with the Washington court. The intended parents will be the only parents listed on the birth certificate.

– Summary provided by Ralph M. Tsong, Esq.

Attorneys specializing in surrogacy law in Washington State

Stephanie Caballero, Esq.
Phone: (760) 438-0558
Email: stephanie@surrogacy-lawyer.com

Ralph M. Tsong, Esq.
Phone: (562) 274-7807
Email: ralph@tsonglaw.com