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.

Attorneys specializing in surrogacy law in Washington State

Ralph M. Tsong, Esq.
Tsong Law Group, A.P.C.
tsonglaw.com
(562) 274-7807
19112 Gridley Rd. Suite 211
Cerritos, CA 90703
info@tsonglaw.com
Licensed in CA, IL, AZ and WA