Surrogacy in Washington
Washington is considered “Very Friendly” to gestational surrogacy. Although every case is different, the state allows single parents and married or unmarried couples (same-sex or heterosexual) to get a pre-birth order even if neither of the Intended Parents has a genetic connection with the child.
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Is Surrogacy Legal in Washington?
As of 2019, Washington law supports commercial gestational surrogacy and traditional surrogacy arrangements. Under Washington statute, the surrogate is not a parent of the child as long as a compliant surrogacy agreement is in place.
Washington allows pre-birth parental orders in surrogacy cases for any Intended Parent regardless of marital status, genetic connection to child, or sexual orientation. The only requirement is that the surrogacy agreement complies with the statutory requirements.
Washington Surrogacy Laws at a Glance
Can married couples get a pre-birth order in Washington?
Can unmarried couples get a pre-birth order in Washington?
Can LGBT+ couples get a pre-birth order in Washington?
Can single parents get a pre-birth order in Washington?
Pre-Birth Orders in Washington
Pre-birth orders are available in gestational surrogacy cases under Washington’s 2019 statute. Pre-birth orders are issued during the pregnancy, but they aren’t enforceable until the child is born. A pre-birth order can be issued in most cases, including married, unmarried, gay, straight, donors, single, or coupled intended parents.
A pre-birth order is a court declaration supporting the surrogacy contract before the birth of a child. The decision officially decides the parentage of the unborn child, i.e.: that the intended parents are the child’s legal parents and the surrogate has no parental rights or obligations. Pre-birth orders will prevent potential conflicts over the baby’s custody and guardianship.
Post-Birth Orders in Washington
In some states, it is not possible to request a pre-birth order as they’re filed before delivery. In such cases, applicants have to file a post-birth order that does the same job and is filed 3-5 days after delivery.
Just like a pre-birth order, a post-birth order only becomes effective after a child is born. Hence, there isn’t much difference between the two.
Although it’s more common to do pre-birth parentage orders, post-birth orders can be done as well. Washington courts grant post-birth parentage orders in surrogacy cases. Both Intended Parents can be declared the legal parents in a post-birth order where one or even neither parent is genetically related to the child. Post-birth orders can be granted if the parents are both single or coupled, married or unmarried, gay or straight, or even when using an egg or sperm donor.
If an order is granted, same-sex parents are named as Father & Father, Mother & Mother, or Parent & Parent. Under Washington statute, the surrogate is not a parent of the child as long as a compliant surrogacy agreement is in place. It may be possible to do an initial birth certificate naming the surrogate as mother but under the law that is not certain with all judges. If a birth certificate were needed identifying the surrogate as the mother, this should be identified in the initial surrogacy agreement and the parentage petition would have to request that an initial birth certificate be issued in that form and a subsequent order would need to be issued post-birth to direct issuance of a new birth certificate with the intended parents identified.
Provided they entered into an agreement pursuant to our statutes, a donor is not a parent of a child, and therefore has no parental rights over the child.
Surrogacy Contracts in Washington
Surrogacy contracts that meet all the state requirements are enforceable and valid. Surrogacy laws are very clear but there are no specific clauses regarding surrogacy contracts. However, they’re required to be altruistic and comprehensive.
The surrogate must not be a minor or of unsound mind, i.e.: she must not have a developmental disease or a mental illness.
The services of a local surrogate attorney can be hired to help draft a contract that meets all legal requirements. Both parties must have individual attorneys to discuss the matter with.
The contract must be exhaustive and cover the following points:
- The responsibilities and rights of both parties
- Financial matters including insurance and medical expenses
- The potential liabilities and risks for both parties
- Expectations throughout the process – before, after, and during birth
- Legal rights of the Intended Parents after birth
- Contact expectations before, during and after the surrogacy
Once a valid contract is in place, the surrogacy process can officially start.
Best Surrogacy Clinics in Washington
Washington has 12 fertility clinics reporting IVF data and 4 of these clinics regularly perform “surrogacy-type” IVF cases. These are defined as cases that involve a donor egg and frozen embryo transfers.
Washington is a very popular destination among individuals and couples interested in surrogacy as the top IVF clinics in the state have a success rate that is higher than the national average – 62.85 percent 46.5 percent for each embryo transfer as reported by the Centers for Disease Control.
The top 3 clinics report the following live-birth rates above the national average:
Frequent Questions about Surrogacy in Washington
Is surrogacy in Washington legal?
As of 2019, both compensated gestational surrogacy and traditional surrogacy arrangements are legal in the state. Washington law now allows pre-birth parentage in gestational surrogacy cases for any Intended Parent, regardless of marital status, genetic connection to child, or sexual orientation. The only requirement is that the surrogacy agreement complies with the statutory requirements.
In which US states is surrogacy legal?
Surrogacy is legal and supported in almost all U.S. states, with only five with explicit laws forbidding surrogacy agreements. Even among 'unfriendly' states, surrogacy is often still possible, but there are legal obstacles to navigate to ensure your parental rights. Check out SENSIBLE's ratings of friendly surrogacy destinations in the U.S. and worldwide.
Are pre-birth orders possible in Washington?
Pre-birth orders are issued in Washington in gestational surrogacy cases but aren’t enforceable until the child is born. Pre-birth orders are available in gestational surrogacy cases under Washington’s 2019 statute. They, however, aren’t available in traditional surrogacy cases.
Are surrogacy contracts valid in Washington?
Surrogacy contracts that meet all the state requirements are enforceable and valid. Surrogacy laws are very clear but there are no specific clauses regarding surrogacy contracts. However, they’re required to be altruistic and comprehensive.
How much does surrogacy cost in Washington?
The average cost of surrogacy ranges from $120,000 to $150,000 in the United States, but low-cost options start at less than $100,000. Overseas surrogacy costs as little as $50,000 in Eastern Europe or South America, to $80,000 in Western countries like the UK, Greece or Canada.
How much do surrogates earn?
SENSIBLE surrogates make $50,000 to $70,000 for a surrogacy journey in the United States. The surrogate's total pay is separated into 'Base Salary' and 'Benefits'. Benefits usually include a monthly living stipend, maternity clothes, travel expenses, and other fees.
LEGAL DISCLAIMER
All legal information in the SENSIBLE website is intended only as a guide, and not a replacement for opinions of licensed legal professionals. Some information may have changed since the time of publication, or may not apply to the particular circumstances of your case. Please consult an attorney who is licensed in the jurisdiction with authority over your journey.
About the authors
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Author: William Houghton
Bill Houghton is the founder of Sensible Surrogacy, author of the Sensible Surrogacy Guide, 2x surrogacy dad, and a dedicated advocate for secure, legal and ethical Gestational Surrogacy. Read Bill's Biography
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Reviewer: Mark Demaray
Mark Demaray has dedicated his career to building families through adoption and assisted reproduction for over 30 years. He is licensed to practice law in Washington State and has provided assistance in over 5,000 adoptions and assisted reproduction matters for families throughout the country. He can be reached at Law Offices of Mark M. Demaray.
