Surrogacy Laws & Process in Washington
Understanding the Surrogacy Process in Washington
Washington surrogacy law is considered among the most comprehensive and inclusive in the United States. With the enactment of RCW 26.26A (effective January 1, 2019), the state offers enforceable gestational carrier agreements and legal recognition of parentage through pre-birth or post-birth court orders.
This legal framework provides protection for both intended parents and gestational surrogates. It makes Washington a supportive environment for building families through surrogacy.
Thanks to its detailed statutory guidelines and judicial consistency, Washington is recognized as a legally secure state for both domestic and international intended parents pursuing gestational surrogacy.
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Pre-Birth Parentage Orders in Washington: Legal Recognition Before Birth
Washington allows courts to grant pre-birth parentage orders in gestational surrogacy cases under RCW 26.26A, offering intended parents legal recognition before the child is born. However, enforcement of the order is stayed until after delivery.
Pre-birth orders are not available for genetic (traditional) surrogacy arrangements. In those cases, a post-birth parentage order may be issued, but only after a mandatory 48-hour waiting period during which the surrogate may rescind her consent.
To be eligible for a pre-birth order, the gestational surrogacy agreement must comply with Washington’s statutory requirements. When these conditions are met, courts may issue pre-birth parentage orders for a wide range of family structures, including:
Married Same-Sex Couples
Can be recognized as legal parents before birth.
Unmarried Same-Sex Couples:
Eligible for pre-birth recognition..
Married Heterosexual Couples (with or without donor gametes)
Eligible.
Unmarried Heterosexual Couples (with or without donor gametes)
Eligible.
Single Intended Parents (using own egg or sperm)
Eligible.
Single Intended Parents (using own egg or sperm)
Eligible.
Even in cases where neither intended parent is genetically related to the child (e.g., embryo donation), pre-birth parentage orders are available.
Who Can Be a Surrogate in California?
Eligibility Criteria:
- Surrogacy is open to both married and unmarried women who meet the necessary health and emotional requirements.
- Women must have had at least one successful pregnancy in the past and be medically healthy to carry a child for others.
Health and Medical Requirements:
- A surrogate must undergo a thorough medical screening to ensure they are physically capable of handling a pregnancy, including tests to evaluate overall health, reproductive history, and mental well-being.
Age Requirements:
- Typically, surrogates should be between 21 and 40 years old to ensure both a healthy pregnancy and the emotional maturity needed for the process.
Emotional Readiness:
- The emotional and psychological aspects of surrogacy are critical. Surrogates must be mentally prepared for the process, understand the emotional challenges, and be able to handle the separation from the baby after birth.
No Strict Legal Restrictions:
- Montana does not impose rigid legal restrictions on who can be a surrogate. However, having the right legal and emotional support is essential for both the surrogate and the intended parents to ensure a smooth process.
Explore the Carrying Dreams Surrogacy Heatmap
Interested in seeing how Washington compares to other states for surrogacy? Take a look at our surrogacy heatmap. It offers a quick overview of why Washington is one of the best states for surrogacy, highlighting its legal advantages. Click here to view our heatmap.
If you have any inquiries about the surrogacy laws & process in Washington, feel free to contact us today.
