Yes, Washington legalizes gestational surrogacy under RCW 26.26A, but prohibits traditional surrogacy unless pre-approved by a court. The 2023 amendments to the Uniform Parentage Act (effective 2026) require all surrogacy contracts to undergo judicial review prior to embryo transfer, ensuring enforceability and parental rights clarity. Intended parents must file a pre-birth order, and Washington’s Department of Health mandates genetic testing for all parties to validate biological relationships.
Key Regulations for Surrogacy in Washington
- Judicial Pre-Approval Mandate: All surrogacy agreements must receive court validation before embryo implantation, per RCW 26.26A.705. This includes background checks on surrogates and intended parents to assess financial stability and criminal history.
- Gestational-Only Framework: Traditional surrogacy (where the surrogate is genetically related to the child) is unenforceable unless a judge grants an exception under RCW 26.26A.710, which requires heightened scrutiny of coercion risks.
- Health Department Oversight: The Washington State Department of Health (DOH) requires licensed fertility clinics to report all surrogacy births, including post-birth genetic confirmation, to prevent fraudulent claims under RCW 70.54.220. Non-compliance risks license suspension.
Washington’s framework prioritizes child welfare over commercialization, capping compensation at reasonable expenses (e.g., medical costs, lost wages) without profit incentives. Violations of fee structures or coercion triggers civil penalties up to $10,000 under RCW 26.26A.900. Out-of-state arrangements must comply with Washington’s residency requirements for intended parents to secure pre-birth orders.