Compensated surrogacy is now legal in Washington.

As of January 2019, Washington law allows surrogates to receive compensation for carrying and delivering a child. Previously, intended parents could reimburse a surrogate for her expenses, but it was illegal to pay for anything else. The new law also includes explicit protections for surrogates, including stating that a surrogate retains the absolute right to make decisions about her own health and welfare, including about the pregnancy. Surrogates must also be at least 21 years old, have previously given birth to a child, and not have provided surrogacy services more than twice. Intended parents must demonstrate that they have the financial means to carry out their commitments.  Both parties must be represented by lawyers.

Because most intended parents and surrogates already agree on the major “deal points,” many wonder why such a big contract is necessary. It’s true that the odds of a dispute are low. However, a good contract is necessary for three major reasons:

1. The law, ARTS clinics, and common sense all require certain terms to be in writing. You should have a confident understanding of the entire agreement.
2. The odds of disagreement may be low, but the stakes are extremely high for all parties, including the child. The ARTS process can take months or even years to complete, and if life throws a curveball during that time, you need to know to exactly what will happen to the plan.
3. There will be situations neither party has thought of. After years of working with parties to ARTS agreements, we know how to anticipate and avoid problems down the road, and you will benefit from that experience.

Contact us if you need representation for a genetic or gestational surrogacy arrangement.

Your call or email is free.