Washington Surrogacy: Laws & Complete Guide
General Surrogacy context in Washington
In the Washington Surrogacy Guide, SurrogateFirst compiles the latest available information from official sources to answer key questions, including:
- Is gestational and traditional surrogacy legal in Washington?
- What specific surrogacy requirements apply in Washington, if any?
- What must be included in a legally valid Washington surrogacy contract?
- What factors influence the cost of surrogacy in Washington, including compensation and agency fees?
- What influences how much surrogacy costs and surrogates get compensated in Washington compared to other states?
- How friendly is LGBTQ+ surrogacy in Washington?
Is 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.
Statutory & case-law breakdown In Washington
As of January 1, 2019, an updated and amended version of the Washington Uniform Parentage Act was enacted, which now permits compensated gestational surrogacy as well as traditional surrogacy arrangements that comply with the respective statutory framework.
Although the following guide can give you a better understanding of the general rules and regulations of surrogacy in Washington, it is not meant to be used as legal advice. It is important to consult with an experienced attorney to guide you through your unique journey.
Below is a list of some of the most frequently asked questions about surrogacy in Washington.
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
Definitions: Learn about the difference between all the types of surrogacy here or click the terms to understand each more in depth:
- Gestational Surrogacy vs Traditional
- Compensated Surrogacy (Commercial) vs Altruistic Surrogacy are
Surrogate Compensation in Washington
Surrogate compensation in the U.S. follows national industry standards and is not determined by state law. Outside of California, compensation ranges are largely consistent nationwide. (California experiences slightly higher ranges due to market demand and cost of living) However, the factor of experience affects more greatly the compensation: repeat surrogates typically receive higher compensation.
Surrogacy Costs in Washington
For intended parents, the overall cost structure of surrogacy is the same in every state, but individual line items may vary depending on location and professional fees.
Costs related to clinics, legal services and procedures, as well as insurance can vary by state, provider, and individual circumstances. While surrogate compensation, escrow management, agency fee
Surrogacy requirements:
who can become a surrogate in Washington?
Short answer: it is the same as in most states. Surrogate eligibility requirements are largely the same across all U.S. states, as they are driven by the American Society for Reproductive Medicine (ASRM) guidelines as medical guidelines, clinic standards, and ethical best practices rather than state law. There are 3 main categories of criteria that apply in this state and nationwide. However, there are many more details involved. Click below to understand the criteria into details.
- Health Based Requirements
- Lifestyle Factors
- Support System.
Note: While the surrogate requirements are consistent nationwide, intended parents must also meet any legal requirements related to contracts and parentage orders of the state they choose to conduct the surrogacy in, which are handled separately (below).
Surrogacy Contract & Court orders in Washington
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
Most Common FAQ about surrogacy in Washington
Below is a list of some of the most frequently asked questions about surrogacy in Washington:
Q: Are Surrogacy Contracts (Whether Compensated or Altruistic) Enforceable in Washington?
A: Yes. Surrogacy contracts are enforceable as long as they meet the statutory requirements.
Q: Are There Any Particular Laws for Parents Outside the United States Who Complete a Surrogacy in Washington?
A: No. International Intended Parents are subject to the same Washington surrogacy laws as domestic intended parents. It is important, however, that Intended Parents from another country speak with an immigration lawyer to ensure they follow the proper legal steps for taking their child home.
Q: When Do Intended Parents Need to Complete an Adoption After Birth?
A: Post-birth adoptions are rarely necessary because 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.
The exception to this would be when intended parents are from Washington but complete a surrogacy arrangement in a different state where they are unable to obtain or secure their parental rights. In these situations, the parents may complete a post-birth adoption in Washington.
Q: Does Washington Allow Second-Parent Adoptions? Who Would Need to Complete a Second-Parent Adoption vs. a Stepparent Adoption (If Applicable)?
A: Yes. Second-parent adoptions are permitted and available to unmarried couples.
Stepparent adoptions are permitted and available to married couples.
Q: What Happens in Cases Where Intended Parents Use a Donor Egg, Sperm or Embryo?
A: In most cases, intended parents who complete a surrogacy using a donor egg, sperm, or embryo can obtain a post-birth parentage order or use an affidavit from their physician to establish their rights to their child.
Washington statutes state that “a donor is not a parent of a child conceived by means of assisted reproduction.”
Same Sex surrogacy in Washington
Is Same-Sex Surrogacy Legal in Washington?
Yes. Same-sex couples and LGBT+ intended parents have the same legal rights and will experience generally the same surrogacy process as opposite-sex couples, with the exception of likely requiring an egg donor or sperm donor to complete the IVF procedure.
Are There any Additional Laws Impacting Same-Sex Parenting in Washington?
No. There are no additional laws impacting same-sex parents in this state.
Surrogacy Agencies & Legal Professionals in Washington
Looking for a Surrogacy Agency in Washington?
Whether a surrogate or intended parent(s), SurrogateFirst offers nation wide coverage and is there to accompany you on your journey in Washington as your surrogacy agency.
Find out more about how SurrogateFirst can support in Washington here:
Looking for a surrogacy attorney in Washington, Seattle & Edmonds?
Choosing the right professionals is an essential part of any surrogacy journey. Here is a non-exhaustive directory of legal professionals active in Washington, provided for informational purposes.
Raegen Rasnic
Seattle, WA
rrasnic@skellengerbender.com
(206) 623-6501
www.skellengerbender.com
Stacy Herd
Seattle, WA
stacy@heard-law.com
(206) 447-8200
www.heard-law.com
Mark Demaray
Edmonds, WA
markdemaray@msn.com
(425) 771-6453
https://beresfordlaw.com/
Need some help with Legal Aspects of surrogacy in Washington?
What is the Surrogacy Process in Washington?
The surrogate process – when it comes to gestational surrogacy – follows the same surrogacy program in all states:
- Step 1 . Learning & Research
- Step 2: Application & Consultation
- Step 3. Matching
- Step 4. Medical Screening
- Step 5. Contract & Escrow
- Step 6. Insurance coordination 1 week
- Step 7. IVF & Embryo transfer 6-7 weeks
- Step 8. Pregnancy 36-38 weeks
- Step 9. Delivery & Birth a few hours
