Gestational and genetic surrogacy contracts are enforceable in courts of Washington state. A surrogate has the right to change her mind up to 48 hours after birth.
A surrogate may be compensated in excess of reimbursement of expenses incurred.
Single parents may enter into surrogacy agreements.
State law defines some rights of the surrogate:
- A surrogate must have independent legal counsel of her choosing and the intended parents are the party responsible for payment.
- Both the surrogate and the intended parents must undergo a psychological evaluation.
- The surrogacy agreement must address how the intended parents will pay for the costs of surrogacy, including health care for the surrogate and the child.
- The contract must permit the surrogate to make all health and welfare decisions regarding herself and her pregnancy. The statute specifically “does not diminish the right of the woman acting as a surrogate to terminate her pregnancy.”
- At least one party must be a resident of the state, or, at medical evaluation or procedure or mental health consultation must occur in the state.