Gestational Surrogacy Regulations in Washington

Overview

Gestational Surrogacy is specifically permitted by Washington’s Uniform Parentage Act
(ARCW §§26.26A.700 – 26.26A.785). Compensated Gestational Surrogacy as well as
Traditional Surrogacy arrangements that comply with the respective statutory framework are
permitted in Washington.

Intended Parents

Age requirement:
21 years of age or older
Marriage requirement:
No
Married heterosexual couple:
Yes
Married same-sex couple:
Yes
Unmarried heterosexual couple:
Yes
Unmarried same-sex couple:
Yes
Resident status:
No* (see WA specific requirements)
Independent legal counsel:
Yes

Gestational Surrogates

Age requirement:
21 years of age or older
Marriage requirement:
No
If married/partnered:
husband’s/partner’s sperm cannot be used
Surrogate status:
Gestational Surrogacy and Genetic Surrogacy
Resident status:
o* (see WA specific requirements)
Use of own embryos:
No
Independent legal counsel:
Yes
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Embryos

Intended Parents own sperm:
Yes
Intended Parents own eggs:
Yes
Intended Parents using sperm donor:
Yes
Surrogate status:
Gestational Surrogacy and Genetic Surrogacy
Intended Parents using egg donor:
Yes
Intended Parents using both egg and sperm donor:
Yes

Birth of Child

Birth in Washington:
Yes
Birth outside of Washington:
Yes

Pre-Birth Orders are available in Gestational Surrogacy cases to any Intended Parent,
regardless of marital status, genetic connection to the child, or sexual orientation, so long as
the Gestational Carrier Agreement complies with the statutory requirements.

Parentage

Pre-Birth Orders:
Yes
Hearing to obtain Order:
Yes* (varies county by county)
Post-Birth Orders:
Yes

General Information

Will Washington Vital Records honor a Pre-Birth Order from another state:
Yes*
What is the typical time frame to obtain a birth certificate after delivery:
3-4 weeks
How are same-sex parents named on the final birth certificate:
Parent and Parent
Can an international same-sex male couple obtain an initial birth certificate naming the biological father and Gestational Carrier:
Yes*
Can an international same-sex male couple subsequently obtain a birth certificate naming only the biological father or both fathers with no mention of the Gestational Carrier:
Yes

Second Parent and Stepparent Adoptions for Washington Residents:

*This situation typically arises if the child is born outside of Washington. The parents then return to Washington to obtain a second parent adoption or stepparent adoption in Washington. Please consult with your attorney on this matter if this issue is to arise*

Traditional Surrogacy in Washington?

*Traditional Surrogacy (genetic surrogacy) is permitted under Washington’s Uniform Parentage Act. Traditional Surrogacy agreements must be validated by the court prior to the commencement of the assisted reproduction. Please consult with a local attorney to determine if you can move forward with traditional surrogacy*
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Disclaimer - The information provided on these pages does not, and is not intended to, constitute legal advice; all content is for general informational purposes only and may not constitute the most up-to-date legal information, either. Please consult with an ART Lawyer for legal advice specific to your case.