RCW 26.26A.710
Requirements of gestational or genetic surrogacy agreement—Process.
A surrogacy agreement must be executed in compliance with the following rules:
(1) At least one party must be a resident of this state or, if no party is a resident of this state, at least one medical evaluation or procedure or mental health consultation under the agreement must occur in this state.
(2) A woman acting as a surrogate and each intended parent must meet the requirements of RCW 26.26A.705.
(3) Each intended parent, the woman acting as a surrogate, and the spouse of the woman acting as a surrogate, if any, must be parties to the agreement.
(4) The agreement must be in a record signed by each party listed in subsection (3) of this section.
(5) The woman acting as a surrogate and each intended parent must acknowledge in a record receipt of a copy of the agreement.
(6) The signature of each party to the agreement must be attested by a notarial officer or witnessed.
(7) The woman acting as a surrogate and the intended parent or parents must have independent legal representation throughout the surrogacy arrangement regarding the terms of the surrogacy agreement and the potential legal consequences of the agreement, and each counsel must be identified in the surrogacy agreement.
(8) The intended parent or parents must pay for independent legal representation for the woman acting as a surrogate.
(9) The agreement must be executed before a medical procedure occurs related to the surrogacy agreement, other than the medical evaluation and mental health consultation required by RCW 26.26A.705.
[ 2018 c 6 § 703.]
Structure Revised Code of Washington
Chapter 26.26A - Uniform Parentage Act.
26.26A.005 - Short title—2018 c 6.
26.26A.030 - Authorized courts.
26.26A.070 - Mandatory use of approved forms and format rules.
26.26A.100 - Establishment of parent-child relationship.
26.26A.105 - No discrimination based on marital status of parent.
26.26A.110 - Consequences of establishing parentage.
26.26A.115 - Presumption of parentage.
26.26A.120 - Rule-making authority—RCW 26.26A.115.
26.26A.125 - Filing fee—Assertion of parentage.
26.26A.200 - Acknowledgment of parentage.
26.26A.205 - Execution of acknowledgment of parentage.
26.26A.210 - Denial of parentage.
26.26A.215 - Acknowledgment or denial of parentage—Requirements.
26.26A.220 - Effect of acknowledgment or denial of parentage.
26.26A.225 - Filing fee—Acknowledgment or denial of parentage.
26.26A.230 - Ratification of an unchallenged acknowledgment of parentage barred.
26.26A.235 - Procedure for rescission of an acknowledgment or denial of parentage.
26.26A.240 - Challenge after expiration of period for rescission.
26.26A.245 - Procedure for challenge of an acknowledgment or denial of parentage by signatory.
26.26A.250 - Full faith and credit.
26.26A.255 - Forms for acknowledgment or denial of parentage.
26.26A.260 - Release of information relating to an acknowledgment or denial of parentage.
26.26A.265 - Rule-making authority—RCW 26.26A.200 through 26.26A.265.
26.26A.300 - Definitions—Genetic testing—RCW 26.26A.300 through 26.26A.355.
26.26A.305 - Scope—Limitation on use of genetic testing.
26.26A.310 - Authority to order or deny genetic testing.
26.26A.315 - Requirements for genetic testing.
26.26A.320 - Report of genetic testing.
26.26A.325 - Genetic testing results—Challenge to results.
26.26A.330 - Cost of genetic testing.
26.26A.335 - Additional genetic testing.
26.26A.340 - Genetic testing when specimen not available.
26.26A.345 - Genetic testing—Deceased individual.
26.26A.350 - Genetic testing—Identical siblings.
26.26A.355 - Confidentiality of genetic testing—Penalty.
26.26A.400 - Proceeding to adjudicate parentage—Authorization.
26.26A.405 - Standing to maintain proceeding to adjudicate parentage.
26.26A.410 - Notice of proceeding to adjudicate parentage.
26.26A.415 - Proceeding to adjudicate parentage—Personal jurisdiction.
26.26A.420 - Proceeding to adjudicate parentage—Venue.
26.26A.425 - Proceeding to adjudicate parentage—Admissibility of results of genetic testing.
26.26A.430 - Adjudicating parentage of child with alleged genetic parent.
26.26A.435 - Adjudicating parentage of child with presumed parent.
26.26A.440 - Adjudicating claim of de facto parentage of child.
26.26A.445 - Adjudicating parentage of child with acknowledged parent.
26.26A.450 - Adjudicating parentage of child with adjudicated parent.
26.26A.455 - Adjudicating parentage of child of assisted reproduction.
26.26A.460 - Adjudicating competing claims of parentage.
26.26A.465 - Precluding establishment of parentage by perpetrator of sexual assault.
26.26A.475 - Combining a proceeding to adjudicate parentage with other proceedings.
26.26A.480 - Proceeding to adjudicate parentage—Before birth of child.
26.26A.485 - Proceeding to adjudicate parentage—Child as party—Representation.
26.26A.490 - Proceeding to adjudicate parentage—Without jury.
26.26A.500 - Proceeding to adjudicate parentage—Hearing—Inspection of records.
26.26A.505 - Proceeding to adjudicate parentage—Dismissal for want of prosecution—Without prejudice.
26.26A.510 - Order adjudicating parentage.
26.26A.515 - Binding effect of determination of parentage.
26.26A.600 - Scope—Assisted reproduction—RCW 26.26A.600 through 26.26A.635.
26.26A.605 - Assisted reproduction—Parental status of donor.
26.26A.610 - Parentage of child of assisted reproduction.
26.26A.615 - Consent to assisted reproduction.
26.26A.620 - Assisted reproduction—Limitation on spouse's dispute of parentage.
26.26A.630 - Assisted reproduction—Withdrawal of consent.
26.26A.635 - Assisted reproduction—Parental status of deceased individual.
26.26A.700 - Definitions—Surrogacy agreement—RCW 26.26A.700 through 26.26A.785.
26.26A.705 - Eligibility to enter gestational or genetic surrogacy agreement.
26.26A.710 - Requirements of gestational or genetic surrogacy agreement—Process.
26.26A.715 - Requirements of gestational or genetic surrogacy agreement—Content.
26.26A.720 - Surrogacy agreement—Effect of subsequent change of marital status.
26.26A.725 - Surrogacy agreement—Inspection of documents.
26.26A.730 - Surrogacy agreement—Venue—Exclusive, continuing jurisdiction.
26.26A.735 - Gestational surrogacy agreement—Termination.
26.26A.740 - Gestational surrogacy agreement—Parentage.
26.26A.745 - Gestational surrogacy agreement—Parentage of deceased intended parent.
26.26A.750 - Gestational surrogacy agreement—Order of parentage.
26.26A.755 - Gestational surrogacy agreement—Effect.
26.26A.760 - Genetic surrogacy agreement—Requirements for validation.
26.26A.765 - Genetic surrogacy agreement—Termination.
26.26A.770 - Validated genetic surrogacy agreement—Parentage.
26.26A.775 - Nonvalidated genetic surrogacy agreement—Effect.
26.26A.780 - Genetic surrogacy agreement—Parentage of deceased intended parent.
26.26A.785 - Genetic surrogacy agreement—Breach.
26.26A.800 - Definitions—Information about donor—RCW 26.26A.800 through 26.26A.825.
26.26A.805 - Applicability—RCW 26.26A.800 through 26.26A.825.
26.26A.810 - Collection of information about donor.
26.26A.825 - Information about donor—Recordkeeping duty of gamete bank or fertility clinic.
26.26A.900 - Uniformity of application and construction—2018 c 6.
26.26A.901 - Relation to electronic signatures in global and national commerce act.
26.26A.902 - Transitional provision—Applicability to pending proceedings.