GESTATIONAL SURROGACY LAW WASHINGTON

Is Gestational Surrogacy Legal in Washington?

Yes. As of January 1, 2019, compensated gestational surrogacy is legal as well as traditional surrogacy arrangements that comply with the respective statutory framework.

Is Traditional Surrogacy Legal in Washington?

Yes. Traditional surrogacy is legal and is referred to as “genetic surrogacy” in Washington. Pre-birth orders, however, are unavailable in these cases but post-birth orders are available following a 48-hour waiting period during which time the surrogate may rescind the agreement.

Is Compensated Surrogacy Legal in Washington?

Yes. Compensated surrogacy is legal in Washington and the intended parents are permitted to compensate the surrogate for her time and expenses. Such compensation is typically arranged for in a surrogacy contract.

In addition to their base pay, Surrogates are compensated for their time, the medical risks they accept, and the list of expenses below:

• Mock cycle compensation
• Embryo transfer compensation
• Starting medication compensation
• Monthly allowance for miscellaneous expenses
• Monthly Housekeeping budget
• Maternity clothing budget
• Medical expenses
• Travel to and from clinic/hospital
• Lost wages if applicable
• Child care if bed rest is required
• Term life insurance
• Medical insurance
• Independent legal counsel
• Psychological counseling
• Other depending on agency

Creating a Washington Surrogacy Contract

In order for a surrogacy agreement to be enforceable in Washington, intended parents and surrogates must have independent legal representation and must meet the following requirements:

• Surrogate must have had a prior pregnancy resulting in the birth of a child but no more than 2 prior surrogacies
• Surrogate and intended parents must all be at least 21 years old
• Surrogates and intended parents must undergo medical and mental health screening
• At least one of the parties must be a resident of Washington.

If these terms are met, the surrogate attorneys will negotiate a contract that addresses the following:

• The rights and responsibilities of each party
• The potential risks and liabilities for each party
• Financial information, like coverage of medical expenses and surrogacy insurance
• Steps for establishing the intended parents’ rights to their child after birth
• Contact expectations before, during and after the surrogacy
• And more

Once the surrogacy contracts has been signed by both parties, notarized, and executed, the medical process of surrogacy can begin.

Determining Legal Parentage in Washington

Under the updated and amended Act, pre-birth parentage orders are now available in gestational surrogacy cases to any intended parent, regardless of marital status, genetic connection to the child, or sexual orientation, as long as the gestational carrier agreement complies with the statutory requirements. Enforcement of the pre-birth order is stayed until the birth of the child.

Pre-birth orders are not available in cases involving traditional surrogacy (called “genetic surrogacy”), however, post-birth orders are available following the expiration of a 48-hour period during which t