Key Takeaways
- Washington State is highly supportive of surrogacy and is a surrogacy-friendly state.
- There are structured statutes in place for your protection, and everything needs to be court-approved.
- Pre-birth orders are possible in the state and accessible to all types of parents.
If your dream is to start a family through surrogacy, your first question may be, “Is surrogacy legal in Washington State?” The quick answer is yes. However, before you begin, understanding all the surrogacy laws in Washington State is essential to avoid any legal hiccups along the way. You need to understand the different types of surrogacy and what the law permits and supports.
Types of Surrogacy Allowed
There are two types of surrogacy that you need to know about, which are gestational and traditional.
Gestational surrogacy happens with a surrogate who has no genetic connection to the baby. The eggs and sperm could be from the intended parents or from donors. The state allows pre-birth orders.
This is important because the intended parents are named on the birth certificate immediately. They also have the right to make medical decisions for the baby from the moment of birth. Gestational surrogacy is strongly supported under Washington State’s surrogacy laws.
In traditional surrogacy, the surrogate is biologically connected to the child, and the sperm is donated by either the intended father or a sperm donor. Before choosing traditional surrogacy, you have to apply to the court for permission. Agreements must be signed before anything else, and a post-birth order can be issued only 48 hours after the baby is born.
This can be very stressful for intended parents, because it leaves a window where the surrogate, who is the biological mother, can legally back out of the agreement.
Who is Eligible for Surrogacy in Washington State?
Your next important question would be, “Is surrogacy legal in Washington State for single intended parents?”
Fortunately, Washington State’s surrogacy laws are very progressive when it comes to their views and laws on surrogacy. The state does not discriminate between married and single parents. You may wish to start raising a child alone right now or be in a committed relationship. In any case, the law recognizes that no two families are alike.
The law and LGBTQ+
Washington State is also supportive of alternative lifestyle families. LGBTQ+ couples and single intended parents can embark on their surrogacy journey with confidence. For an LGBTQ+ couple, both intended parents will be listed as the parents on the original birth certificate. Surrogacy laws in Washington State do not require any genetic link to the baby, so both sperm and egg donations can be used.
State Requirements
There are a few requirements for surrogates and intended families. All parties must be at least 21 years old. They must also get the green light on their mental health evaluations. It is also very important that the surrogate must have had one previous pregnancy without complications and given birth to a baby.
Surrogacy compensation
Another question you may ask is whether surrogacy is legal in Washington State for compensated surrogacy. Yes. Since 2019, the state has fully supported compensated surrogacy. Surrogacy laws in Washington State, however, do require that the monies be kept in an escrow account.
All reasonable expenses can be incorporated into the full amount. This includes things like medical costs, travel, healthcare, and maternity allowances. Intended parents also need to cover the legal fees for the surrogate’s independent legal counsel.
Legal representation
It is important that the entire agreement, including any compensation and costs, be covered in a written contract and then notarized. The agreement would be between the intended parents and the surrogate (as well as her spouse if she is married). Legally, there are a few essential points that need to be covered as per the surrogacy laws of Washington State.
- Both the intended parents and the surrogate must have independent legal representation.
- The legal fees for both parties are to be covered by the intended parents.
- The agreement must be in writing.
- The agreement must be concluded before any medical procedures take place.
- The contract must outline how medical expenses will be covered.
- If married, the surrogate’s spouse must also sign the agreement and waive any claim to parentage.
- The contract must state that the intended parents will take full legal and financial responsibility for the baby from the moment of birth.
Location and the law
Is surrogacy legal in Washington State if the birth happens out of state? The surrogacy laws of Washington State apply when one of the parties is a resident, or at least one of the medical procedures must happen in the state. However, if the birth happens out of state, then the birth state will take jurisdiction.
The courts in Washington cannot issue a birth order or alter a birth certificate if the baby was born in another state. That is why most surrogacy contracts will have a direct stipulation regarding out-of-state travel from a certain point in the pregnancy. It could be anywhere from around 24 weeks. This protects all parties and saves everyone from the legal and financial headaches that a contract breach could cause.
Pre-Birth Orders
Washington State’s surrogacy laws are very fair to both parties, as they allow for pre-birth orders. This is a massive win for both parties, because it ensures that the intended parents are recognized as the legal parents from the moment the baby is born. A pre-birth order has incredible advantages.
- The intended parents are the legal parents from birth.
- The birth hospital is advised of everything and receives the paperwork in advance.
- The baby can be added to the intended parents’ health insurance after birth.
- The intended parents can make all medical, legal, and financial decisions for the baby from birth.
- The surrogate is relieved of any medical or financial obligations towards the baby.
- The baby can be discharged with the intended parents.
Fortunately, the surrogacy laws in Washington State help protect all parties, and the pre-birth order gives a finite answer to anyone who questions if surrogacy is legal in Washington State.
How Surrogacy Works in Washington State
Now that you have a better idea of how the state supports surrogacy, you should be aware of the next steps involved in realizing your family goals.
Find an agency
Work with an experienced surrogacy agency like Family Creations to guide you through all the steps of your journey. With over 20 years of experience in making dreams come true, Family Creations is a world apart because of its empathy, experience, knowledge, and ethics.
Initial screening
Surrogacy laws in Washington State require all parties, whether you are a surrogate or the intended parents, to do initial screening. There are background checks, medical screenings, and mental health consultations. This ensures everyone is ready for the journey ahead.
Matching
Then you get matched. The agency will help you find the perfect surrogacy match. This means that the expectations and goals align. By the time you meet, chances are that you’ve found the right match.
Legal agreements
Because surrogacy is legal in Washington State, both the intended parents and surrogates benefit from our network of legal counsel and medical partners. We can introduce you to experienced attorneys, as the surrogacy laws in Washington State require everything to be in writing and court-approved before the medical part begins.
Medical steps
Next, we will set up appointments with the best fertility clinics. Basically, the fertility clinic needs the legal go-ahead before they can begin any procedures. You would have met with the team for the medical screenings. But after the legal legwork is done, they can continue with the rest of the procedures. Working with an experienced clinic helps to increase the chances of a successful pregnancy.
During the pregnancy
The legal team will apply for legal parentage through a pre-birth order about 20 to 24 weeks into the pregnancy. When this is granted, they will notify the birth hospital so that everyone is on the same page. This stage ensures that everything complies with the surrogacy laws in Washington State.
Delivery Day in Washington State
When the big day arrives, everyone will be fully prepared. The hospital staff will have received the pre-birth order, so they can follow the birth plan. They will know that the intended parents must be noted as the legal parents on the birth certificate and that the baby will be immediately under the legal parents’ care. The vital records department will also use the court order to name the intended parents on the original birth certificate.
Final Thoughts
Is surrogacy legal in Washington State? Yes, surrogacy is supported and legalized, allowing different types of intended parents the opportunity to grow their family. Whether you are single, married, or have an alternative lifestyle, your parenthood dreams could come true. The surrogacy laws in Washington State will help protect all parties, and an experienced surrogacy agency will guide you through every step of your journey.
FAQs
Do intended parents need to have a medical reason to pursue surrogacy in Washington State?
No. The state does not prohibit intended parents based on their reasons for choosing surrogacy. Surrogacy is accessible to anyone who meets the state’s criteria.
Are private health insurance providers in Washington State legally required to cover IVF and fertility treatments?
Not all health insurance providers cover IVF or general fertility. Check with your existing healthcare provider, as you may need to get a separate insurance policy.
Who covers the surrogate’s medical bills and lost wages during the surrogacy?
Surrogacy laws in Washington State protect all parties in a surrogacy through contracts. The intended parents are legally required to cover all pregnancy-related expenses. State law requires the funds to be deposited into an escrow account and managed by a third party.
