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Legal Status of Surrogacy in Washington
Author: Spencer Bergstdt.
I. OVERVIEW
Surrogate parenting laws have been part of the legal fabric in Washington since 1989. The laws are found in Revised Code of Washington (RCW) 26.26.210 et seq.The law prohibits surrogacy contracts for compensation over and above medical expenses as against public policy. No person (including lawyers, agencies or organizations) may enter into, induce, procure or otherwise assist in the formation of a surrogacy contract for compensation. Compensation could take the form of money, objects, services or any other thing having monetary value. Only actual medical expenses and attorney's fees for drafting the contract are allowed. A contract for compensation is deemed void and unenforceable. Any person or agency who intentionally violates this provision is guilty of a gross misdemeanor.
No person, agency or organization may enter into, induce, procure or otherwise assist in the formation of a surrogacy contract where the surrogate mother is an unemanicipated minor, mentally retarded, has a mental illness, or is developmentally disabled.
If a child is born to a surrogate mother and the parties have a dispute regarding custody of the child, then the party having physical custody of the child may retain that custody pending a court order to the contrary. In making a determination regarding custody, the court shall consider the factors in RCW 26.09.187(3) and 26.09.191, which govern parenting plans and restrictions in parenting plans.
Copyright 1996. The American Surrogacy Center, Inc.(TASC), Marietta, GA
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