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  • Writer's pictureRalph M. Tsong

Legal Requirements for Surrogacy Agreement in Washington

washington surrogacy agreement requirements

If you’re an intended parent who desires to grow a family via surrogacy or a woman who wants to become a surrogate, you can fulfill these dreams in Washington. In 2019, Washington enacted one of the best surrogacy laws in the country, making it a popular state for surrogacy. Washington has a streamlined court process that recognizes intended parents as the child’s parents before birth, like California. Washington also recognizes genetic surrogacy (also known as traditional surrogacy). In this article, we discuss the requirements of gestational or genetic surrogacy agreements under the Washington law.

Requirements of Gestational or Genetic Surrogacy Agreements

Washington law requires the following be true in a surrogacy agreement:

  • The parties (both intended parents and surrogate and spouse if any) must be 21 years or older.

  • The surrogate must have given birth to at least one child, and not entered into more than two surrogacy agreements resulting in births.

  • The parties must have completed medical evaluations and mental health consultations.

  • The parties must have independent counsel of their own choosing and intended parents must pay for the surrogate’s counsel.

  • The spouse of the surrogate must be a party.

  • The parties must sign before a notary or witnesses and receive a copy.

  • The agreement must be signed and executed before any medical procedure (other than the evaluation) under the agreement.

  • The agreement must disclose how intended parents pay for the medical expenses of the surrogate and child, and include a review of the insurance, if any.

  • The surrogate must be able to make health care decisions.

  • The contents of the surrogacy agreement must comply with RCW 26.26A.715.

If all requirements are met, a Washington court can enter a prebirth judgment affirming that the intended parents are the legal parents of the child conceived through surrogacy and they will be listed on the birth certificate to be issued.

With the help of a surrogacy attorney, you can safely complete a successful surrogacy. The attorneys of Tsong Law Group have extensive experience in the niche field of surrogacy law. Based in California, the attorneys of Tsong Law Group are also licensed in Washington, New York, Illinois, Arizona and Oklahoma. They are also a fellow of Academy of Adoption & Assisted Reproduction Attorneys (AAAA) and Academy of California Adoption-ART Lawyers (ACAL).

If you need assistance with your surrogacy agreement, contact us today.

This article is for informational purposes only and should not be relied upon without additional research or consulting an attorney. This article is not legal advice and does not create an attorney-client relationship with the reader.

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