Under Washington law, individuals can choose the best pathway to formation of their unique family. Washington law provides a legal pathway for Gestational Surrogacy, where the individual giving birth is not genetically related to the child, and a different pathway for Genetic Surrogacy, where the individual giving birth is genetically related to the child.
As of January 1, 2019, Washington State Law changed allowing both compensated and altruistic surrogacy. Washington law requires certain clearances to enter into a surrogacy agreement, including medical, mental health, and legal. To obtain Legal Clearance, both the intended parent(s) and the surrogate must have independent legal counsel in preparation and negotiation of their agreement. It is critical to seek the advice of an attorney who is practiced and knowledgeable about the laws in Washington State to counsel you on the legal issues and possible complications which may arise. In addition to ensuring the Surrogacy Agreement addresses parentage, custody, and responsibility for any child born as a result of the assisted reproductive process, there are many other considerations the parties must address such as confidentiality, allocation of risks, future communication, and lifestyle restrictions during the pregnancy.
Legal counsel will also assist you in confirming parentage through the Court, either pre- or post-birth, to ensure the Intended Parents are recognized and capable of making all decisions for the child. We have worked with many individuals and families throughout Washington state, and in many other states and countries, to counsel them in the surrogacy process, including preparation of and review of Surrogacy Agreements and representation through the appropriate Parentage proceedings. Contact us today for a consultation regarding your surrogacy journey.