§60.12 Becoming Parents Through Assisted Reproductive Technologies or Surrogacy

• Jurisdiction: Washington

§ 60.12 BECOMING PARENTS THROUGH ASSISTED REPRODUCTIVE TECHNOLOGIES OR SURROGACY

Two related, but distinct, areas of family law practice that adoption lawyers may engage in are (1) advising parents on issues related to the birth of a child born via assisted reproductive technologies and (2) representation of parents using a surrogate for the birth of their child. The practice in each of these two areas has been substantially changed with Washington's enactment of the Uniform Parentage Act (UPA) of 2017 (developed by the National Conference of Commissioners on Uniform State Laws). The UPA was adopted in Washington on January 1, 2019, and is codified in Chapter 26.26A RCW. This parentage act is addressed in detail in Chapter 58 of this deskbook.

Chapter 26.26A RCW fundamentally changes who is considered to be a legal parent, and when a parent-child ("parentage") relationship is presumed, established, and/or adjudicated. It also sets out guidelines for enforceable surrogacy agreements, RCW 26.26A.700-.785, which now expressly allow for compensation for surrogates.

Importantly, this parentage act is gender neutral, so whereas the former version of this statute referred to establishing "paternity," now the term is "parentage." Washington is at the forefront of this change in the parentage law. Chapter 26.26A RCW certainly helps address the challenges that had been arising with respect to defining legal parentage.

The entire new parentage act should be read very closely for practitioners to grasp its impact and breadth. This section highlights only a few key elements that adoption attorneys may encounter.

[1] Assisted Reproductive Technologies

"Assisted reproduction" is defined as a "method of causing pregnancy other than sexual intercourse." RCW 26.26A.010(4). Assisted reproductive technologies (ARTs) include: (1) intrauterine or intracervical insemination; (2) donation of "gametes" (sperm, egg, or any part of sperm or egg, as defined in RCW 26.26.A.010(10)); (3) donation of embryos; (4) in-vitro fertilization and transfer of embryos; and (5) intracytoplasmic sperm injection (artificial insemination). RCW 26. 26A.010(4)(a)-(e). Donors of gametes are not defined as parents of a child born via assisted reproduction. RCW 26.26A.605. An "intended parent" is an important legal concept and is defined as "an individual, married or unmarried, who manifests an intent to be legally bound as a parent of a child conceived by assisted reproduction." RCW 26.26A.010(13).

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