Learn About Third-Party Assisted Reproduction & Surrogacy Law in Washington
Everything you need to know about fertility law in Washington, including surrogacy, egg donation, sperm donation, and embryo donation.
By Casey O’Connell, Assisted Reproduction Attorney, Klein Fertility Law
Several Key Legal Requirements for Washington Surrogacy
- A written surrogacy agreement must be signed and notarized by all parties.
- Washington law does not have a specific residency requirement for the intended parents or the gestational surrogate. However, establishing jurisdiction in Washington courts is necessary, often involving at least one party residing in the state, the medical procedures taking place there, or the child is anticipated to be born in Washington.
- Mental health screening is required for all parties.
- While medical necessity can be a factor, other valid reasons for pursuing gestational surrogacy are often accepted.
- If the gestational surrogate is married, her spouse must consent to the surrogacy agreement and will be a party to the parentage proceedings.
- Washington law permits pre-birth parentage orders in gestational surrogacy agreements for both genetically related and non-genetically related intended parents.
- Pre-birth parentage orders are permitted for intended parents regardless of sexual orientation in Washington.
- Additional information on Washington Surrogacy law: RCW 26.26A.700: Definitions—Surrogacy agreement—RCW 26.26A.700 through 26.26A.785.
Washington Surrogacy Law: What You Need to Know
Washington is considered a surrogacy-friendly state, particularly for gestational surrogacy. Washington surrogacy laws provide a framework for intended parents, surrogates, and donors to engage in surrogacy arrangements.
Washington Surrogacy at a Glance | Compensated Surrogacy | Allowed |
|---|---|
| Same-Sex Couples | Allowed |
| Single Parents | Allowed |
| Married Intended Parents | Allowed |
| Unmarried Intended Parents | Allowed |
| Pre-Birth Parentage Orders | Permitted for both genetic and non-genetic intended parents |
| Gestational Surrogacy | Allowed |
| Traditional Surrogacy | Yes, but approached with caution. |
| Surrogacy Agreement | Must be in writing and signed in the presence of a Notary Public. Highly recommended that the agreement is signed by all parties prior to the first embryo transfer. |
| Legal Representation | Each party must have their own separate legal representation throughout the surrogacy process. |
| Health Insurance for Surrogates | Surrogates should have health insurance coverage for a surrogate pregnancy. |
| Parental Rights for Non-Genetic Intended Parents | Fully recognized through court orders. |
| Eligibility for International Intended Parents | Allowed, but requires additional steps depending on the laws of their home country. |
| Court Involvement | Required for parentage orders. |
| Birth Certificate | Each Intended Parent will be listed on their child’s original birth certificate & can take up to 2 weeks post-birth. |
| Post-Birth Timeframe to Travel Home | Domestic: Immediately International: 4-6 weeks post-birth |
Surrogacy laws can be complex and may vary depending on specific circumstances. It's crucial to consult with an attorney licensed in Washington for personalized advice.
Establishing Parentage Through Surrogacy in Washington
Washington is a surrogacy-friendly state, and the legal process for establishing parental rights in gestational surrogacy is well-defined. Washington law provides mechanisms for establishing parentage through court orders.
In Washington, parentage is often established through a pre-birth parentage order issued by a court. This legally binding order declares the intended parent(s) as the legal parent(s) of the child prior to birth.
The Role of Surrogacy Attorneys
Surrogacy attorneys in Washington play a vital role in the surrogacy process by drafting legally enforceable contracts that address critical issues and contingencies. These attorneys possess in-depth legal expertise and ensure compliance with state surrogacy laws. They act as advocates, protecting the rights and interests of all parties involved, and are instrumental in conflict resolution if issues arise. Additionally, surrogacy attorneys stay current with evolving laws to maintain legal compliance throughout the surrogacy journey. Get the legal support you need to start your surrogacy journey today. Contact us for a consultation.
At Klein Fertility Law, our surrogacy attorneys ensure all legal requirements are met during your surrogacy journey in Washington. The process of surrogacy in Washington involves several key steps:
Preparing mentally, emotionally, and financially for your surrogacy journey requires an immense amount of research. Consulting with an attorney that specializes in surrogacy offers invaluable guidance and support that will help build your roadmap to parenthood. In addition to assisting in building your roadmap to parenthood, your fertility attorney will ensure that you understand all legal aspects of surrogacy in the United States and address any concerns.
Egg, Sperm, and Embryo Donation Law in Washington
In Washington, the laws surrounding assisted reproduction, including egg, sperm, and embryo donation, establish the framework for protecting the interests of all parties involved. These laws and regulations play an essential role in safeguarding the interests of intended parents, donors, and the resulting children in Washington. While the laws governing genetic donation may not be as extensive as surrogacy laws, they are still crucial to understand and adhere to in Washington.
The Role of an Assisted Reproduction Attorneys in Egg, Sperm, and Embryo Donation
An assisted reproduction attorney plays a crucial role in simplifying the egg, sperm, and embryo donation processes in Washington. They provide expert guidance in drafting legally sound contracts, ensuring that the rights and obligations of all parties involved are clearly defined and protected under Washington law.
Learn More About Gamete Donation Law in Washington
Same-Sex and LGBTQ+ Assisted Reproductive Law in Washington
Washington law ensures that same-sex and LGBTQ+ individuals have the same rights and protections under Washington surrogacy and genetic donation law as heterosexual couples and individuals.
Key aspects of LGBTQ+ reproductive law in Washington include:
Washington Reproductive Law FAQ
Surrogacy attorneys like those at Klein Fertility Law establish and protect the rights of all parties involved in the family-building process in Washington. We ensure legal compliance with Washington law, manage trust accounts, and advocate for you and your best interest.
About Klein Fertility Law
Klein Fertility Law has been representing clients in assisted reproduction law matters since 1987. During that time, our firm has witnessed the rapid advancement of medical technology and the steady acknowledgement of the need for this legal service by courts and legislatures throughout the United States, including Washington. Now a nationwide law firm, every year, Klein Fertility Law represents over a thousand intended parents, surrogates, as well as recipients and donors of eggs, sperm, and embryos.
We are uniquely positioned to handle any third-party assisted reproduction matter throughout the U.S., including Washington, and we are proud to assist with the creation of loving, happy families. We assist clients from all over the world, regardless of background, relationship status, sexual orientation, or citizenship. From our infancy in 1987 to today, we have matured into an experienced industry leader in fertility law, and we are here to help you grow your family in Washington.
Klein Fertility Law is a trusted source for comprehensive guidance on reproductive law in Washington. Our practice is dedicated to helping individuals and couples navigate the intricate legal landscape of family-building through surrogacy, egg donation, sperm donation, and embryo donation in Washington.
Reproductive law encompasses a wide spectrum of legal considerations, with surrogacy being a prominent focus in Washington, particularly gestational surrogacy. While our primary emphasis is on surrogacy, we also specialize in providing expert legal counsel for all facets of fertility law, including genetic donation in Washington.
Choose Klein Fertility Law as Your Reproductive Lawyer in Washington
When it comes to navigating the complexities of third-party assisted reproduction law in Washington, Klein Fertility Law stands as your trusted partner. With a deep understanding of surrogacy, genetic donation, and LGBTQ+ family-building in Washington, our experienced attorneys ensure that your journey is legally sound, transparent, and fully protective of your rights and interests under Washington law.
Our commitment to inclusivity, legal expertise, and personalized support makes us the top choice for individuals and couples seeking to expand their families through assisted reproduction in Washington. Contact us today to embark on your path to parenthood.