Surrogacy in Washington

Everything You Need To Know

Welcome to our guide on Surrogacy in Washington. This resource is designed to provide clear and comprehensive information for anyone considering surrogacy in the state. Our guide covers essential topics, from understanding Washington’s surrogacy-friendly legal landscape to finding the right agency.

Whether you are an Intended Parent or a Surrogate, you’ll find invaluable advice and support to help you navigate the surrogacy process in cities like Seattle, Spokane, Tacoma, and Bellevue, and across Washington.

Understanding Surrogacy in Washington

Embarking on a surrogacy journey in Washington is a significant step towards building your family. At Fairfax Surrogacy, we are committed to guiding and supporting you through every stage of this process.

Is Washington Surrogacy-Friendly?

Yes! Washington is considered a surrogacy-friendly state. Gestational surrogacy is legal and is governed by clear state laws. These laws provide a clear process for creating valid surrogacy agreements and establishing the Intended Parents as the child’s legal parents.

Disclaimer: The information provided in this guide is for general informational purposes only and is not intended to serve as legal advice. The content herein does not establish a lawyer-client relationship, and readers should not rely solely on this information for making legal decisions. We strongly advise consulting with a qualified attorney to confirm the accuracy of any details mentioned and to receive legal counsel tailored to your specific situation. Please be aware that laws and regulations regarding surrogacy vary by jurisdiction and are subject to change, meaning that details may not be current or applicable in all areas. It is essential to verify the most up-to-date legal standards and requirements with a professional who is knowledgeable about the latest legislative changes and how they might affect your surrogacy journey.

Who Can Be a Surrogate in Washington?

In Washington, a surrogate must meet certain criteria to ensure a safe and ethical surrogacy process. Typically, this includes being of a certain age range, having a previous successful pregnancy, and passing medical and psychological screenings. These requirements are in place to protect the health and well-being of the surrogate and the child.

We welcome women from all backgrounds and lifestyles including single moms, military moms, stay-at-home moms, and moms who work outside the home. Each of these life paths contributes unique perspectives and strengths to the surrogacy experience, making it a journey that is as rewarding as it is profound.

Who Can Be an Intended Parent?

Washington’s approach to surrogacy is inclusive, allowing individuals and couples, regardless of marital status or sexual orientation, to pursue becoming intended parents. Surrogacy is generally supported in Washington, offering a pathway for same-sex couples and others to establish and protect their parental rights through surrogacy agreements.

At Fairfax Surrogacy, we support all types of intended parents, including:

Couples who are facing infertility or have medical conditions that make pregnancy unsafe.
Men and women who choose to become single parents without a partner.
Same-sex couples looking to start a family, where at least one partner may not have a biological link to the child.
Individuals or couples using egg or sperm donors due to genetic concerns or other reasons.
Women who are unable to carry a pregnancy due to health risks or reproductive challenges.
Cancer survivors who have undergone treatments like chemotherapy or radiation, which might have affected their fertility.

Our team at Fairfax Surrogacy is dedicated to providing tailored support and guidance for your unique circumstances. We understand that the journey to parenthood is deeply personal, and our goal is to make it as smooth and fulfilling as possible for every intended parent we work with.

Surrogacy Laws in Washington

Washington has enacted comprehensive surrogacy legislation covering both gestational and genetic surrogacy, and the state’s courts follow a clear, statute-driven process for establishing parentage. Here’s how Washington navigates surrogacy:

Key Aspects of Washington‘s Approach to Surrogacy:

Legality of Gestational Surrogacy Agreements (GSA): Gestational surrogacy is expressly permitted by statute in Washington. RCW 26.26A.700 through 26.26A.785 recognizes both gestational and genetic (traditional) surrogacy agreements and sets out the legal rules and processes for Intended Parents and Gestational Carriers. Under RCW 26.26A.755, a gestational surrogacy agreement that complies with RCW 26.26A.705 (eligibility), 26.26A.710 (process), and 26.26A.715 (content) is enforceable. Importantly, an agreement that does not fully comply with these requirements is not automatically void — if a gestational surrogacy agreement is non-compliant, the court will still determine each party’s rights based on their intent at the time the agreement was signed (RCW 26.26A.755(2)).
The nonbreaching party to an agreement is generally entitled to the remedies available at law or in equity if the agreement is breached (RCW 26.26A.755(3)), though a court can never order a legal remedy compelling a Gestational Carrier to be impregnated (RCW 26.26A.755(4)). If a surrogate acts in a way that prevents the Intended Parents from obtaining their parental rights, or if the Intended Parents refuse to accept the child and the duties of parentage after being determined to be a parent, a court can order a legal remedy compelling a party to carry out the terms of the agreement (RCW 26.26A.755(5)).
Gestational Carrier & Intended Parent Eligibility: Under RCW 26.26A.705(1), a Gestational Carrier must be at least 21 years old, have previously given birth to at least one child, not have entered into more than two prior surrogacy arrangements resulting in the birth of children, have completed a medical evaluation by a licensed physician and a mental health consultation by a licensed mental health professional, and be represented by independent legal counsel of her own choosing throughout the surrogacy arrangement. Under RCW 26.26A.705(2), an Intended Parent must be at least 21 years old, have completed a medical evaluation related to the surrogacy arrangement by a licensed physician, have completed a mental health consultation by a licensed mental health professional, and be represented by independent legal counsel of their own choosing regarding the terms of the surrogacy agreement and its potential legal consequences.
Inclusivity: “Intended parent” is defined broadly under RCW 26.26A.010(13) as any individual, married or unmarried, who manifests an intent to be legally bound as a parent of a child conceived by assisted reproduction — there are no restrictions based on marital status, sexual orientation, or genetic link. The statute likewise does not distinguish between Intended Parents who are genetically related to the child and those who are not; RCW 26.26A.705(2) explicitly extends eligibility to “each intended parent, whether or not genetically related to the child.”
Parentage orders: For gestational surrogacy, once the agreement satisfies the eligibility requirements of RCW 26.26A.705, the process requirements of RCW 26.26A.710, and the content requirements of RCW 26.26A.715, a party to the agreement may petition the superior court — before, on, or after the child’s birth — for an order declaring each Intended Parent to be a parent of the child, declaring that the surrogate (and her spouse or former spouse, if any) is not a parent, and directing the state registrar to list each Intended Parent on the birth record (RCW 26.26A.750).
Parental rights for non-biological parents: Washington’s surrogacy statute does not distinguish between Intended Parents who are biologically related to the child and those who are not. RCW 26.26A.705(2) explicitly addresses Intended Parents who are not genetically related to the child, and parentage for all Intended Parents — genetically related or not — is established through the same pre-birth or post-birth petition process under RCW 26.26A.750, without the need for a separate second-parent or stepparent adoption.
Traditional (Genetic) Surrogacy & Other Notes: Venue for a surrogacy parentage proceeding is flexible: under RCW 26.26A.730, the parties may file a parentage petition in any Washington county where the child resides or is located, where the respondent resides or is located, where an Intended Parent resides, where a medical evaluation, procedure, or mental health consultation under the agreement occurred, or where a related estate administration proceeding has been commenced. Washington is also one of the few states to expressly permit genetic (traditional) surrogacy, though under different rules: a genetic surrogacy agreement must be validated by the superior court to be enforceable (RCW 26.26A.760), no pre-birth parentage order is available, and the genetic surrogate may withdraw her consent at any time up to 48 hours after the child’s birth (RCW 26.26A.765(b)). If she does not withdraw, the Intended Parents are recognized as legal parents under the validated agreement (RCW 26.26A.770); if she does withdraw, or if the agreement is not validated by the time of birth, parentage is instead determined under Washington’s general parentage provisions and the best interests of the child (RCW 26.26A.770(4), 26.26A.775(4)).

It is highly recommended that both intended parents and surrogates have independent legal representation. This ensures that the surrogacy agreement is fair and that the rights and responsibilities of all parties are clearly outlined and understood.

At Fairfax Surrogacy, we collaborate with legal professionals experienced in Washington’s surrogacy landscape, including Ralph Tsong, Esq. of Tsong Law Group. Our network of legal experts ensures that your surrogacy journey complies with applicable laws and that your rights and interests are safeguarded throughout the process.

Understanding and navigating these laws can be complex, but with the right guidance and support, intended parents and surrogates can embark on this journey with confidence and peace of mind.

Information About Surrogacy in Washington for Intended Parents

Embarking on the surrogacy journey in Washington as an intended parent requires careful consideration and the right support. At Fairfax Surrogacy, we understand the significance of selecting the right surrogacy agency for a successful and fulfilling experience.

Our approach is rooted in personalization, coordination, continuous support, and transparency. We prioritize finding the ideal surrogate match for you, manage all legal and medical processes meticulously, offer unwavering guidance throughout the journey, and provide transparent financial planning.

Choosing a Surrogacy Agency

Selecting the right surrogacy agency is crucial for a successful journey. At Fairfax Surrogacy, we offer comprehensive services tailored to your unique needs. Our approach includes:

Personalized Matching: We prioritize finding the perfect surrogate match for you, considering factors like compatibility, values, and preferences to ensure a harmonious journey.
Coordination of Legal and Medical Processes: We manage all aspects of the surrogacy journey, from overseeing legal agreements to coordinating medical appointments and procedures. Our team ensures that every step adheres to Washington’s legal requirements and medical best practices.
Continuous Support and Guidance: We provide ongoing support and guidance throughout the surrogacy process. Our team is always available to answer your questions, offer emotional support, and provide the resources you need for a smooth experience.
Transparent Financial Planning: Understanding the financial aspects of surrogacy is vital. We offer a clear breakdown of all costs involved, including agency fees, surrogate compensation, and medical expenses, to help you plan effectively.

Whether you’re located in a major city like Seattle or a smaller community in Washington, choosing Fairfax Surrogacy means embarking on a well-supported and carefully guided path to parenthood. We are dedicated to making your surrogacy experience as fulfilling and successful as possible.

Finding a Surrogate in Washington

At Fairfax Surrogacy, we distinguish ourselves through our quality screening process, ensuring that all surrogates are thoroughly vetted before matching. This approach sets us apart from many traditional models and is a crucial aspect of our commitment to your journey towards parenthood.

Initial Consultation and Screening: The journey begins with an initial consultation and a comprehensive screening process. This step is vital in understanding the candidate’s readiness and suitability for surrogacy.
Comprehensive Health Screening: Our health screening is extensive, including medical examinations, bloodwork, and psychological evaluations. This ensures that our surrogates are in optimal health, both physically and mentally, for the surrogacy journey.
Background Checks: We conduct detailed background checks as part of our commitment to safety and security throughout the surrogacy process.
In-Depth Interviews: Our team engages in thorough interviews with potential surrogates to gauge their motivations and expectations, ensuring they are fully prepared for the journey ahead.
Compatibility Matching: After passing our rigorous screening process, surrogates are carefully matched with intended parents, considering factors like personality, values, and communication preferences.

Our quality screening process stands as an invaluable safeguard for you on your path to becoming a parent through surrogacy. By thoroughly vetting all surrogates before matching, we ensure a higher level of safety, compatibility, and overall satisfaction for both surrogates and intended parents. This meticulous approach is a cornerstone of our service at Fairfax Surrogacy, reflecting our dedication to creating successful and fulfilling surrogacy experiences.

Surrogacy Contracts & Securing Your Parentage

Navigating the legal aspects of surrogacy is a critical component of the journey for intended parents in Washington. Establishing parental rights involves specific legal steps, including the drafting of a well-structured surrogacy agreement and, in most cases, issuance of a pre-birth order for securing your parentage. At Fairfax Surrogacy, we understand the importance of these legalities and ensure they are handled with precision and expertise.

Our extensive network of partners includes top legal professionals who specialize in reproductive law, including Ralph Tsong, Esq. of Tsong Law Group. These experts are well-versed in the nuances of Washington’s surrogacy landscape, ensuring that your surrogacy agreement is meticulously crafted to protect your rights as intended parents. This legal framework is essential not only for securing your parentage but also for providing clarity and security for all parties involved in the surrogacy process.

Surrogacy Costs in Washington

At Fairfax Surrogacy, we recognize the financial complexities involved in the surrogacy journey. To provide clarity and peace of mind for our intended parents, we offer fixed cost packages for surrogacy. These packages are designed to simplify the financial aspect of surrogacy, ensuring transparency and eliminating the worry of hidden fees or unexpected expenses.

Every package includes professional fees covering agency, attorney, counselor, insurance review, and escrow management. Additionally, they encompass surrogate pre-screening, compensation, and all related expenses. Even select variable expenses, such as outside monitoring, travel, and insurance, are covered.

By choosing one of our fixed cost surrogacy packages, intended parents can focus on the exciting journey ahead, reassured by the knowledge that all financial aspects are transparently handled and well-managed. For more details on each package and to understand which option best suits your needs, we invite you to request a no-cost consultation with one of our experienced case managers.

Information About Surrogacy for Washington Surrogates

Becoming a surrogate in Washington is a generous and life-changing decision. It’s a journey that requires commitment, understanding, and a supportive environment. At Fairfax Surrogacy, we are dedicated to guiding surrogates through every step of this rewarding process. Potential surrogates in Washington should understand the requirements to become a surrogate, the steps of the surrogacy process, and their surrogacy compensation.

The Surrogacy Process

The surrogacy process includes several stages, each meticulously planned to ensure a successful and fulfilling experience. It all begins with the initial consultation and screening, where we determine if you’re ready for the remarkable role of a surrogate.

Initial Consultation and Screening: The surrogacy journey begins with an initial consultation followed by a comprehensive screening process. This includes bloodwork and a psychological evaluation to ensure that you are fully prepared for the experience of being a surrogate.
Matching with Intended Parents: After the initial screening, we focus on matching surrogates with intended parents. This step involves considering each party’s preferences, expectations, and compatibility to ensure a harmonious relationship throughout the surrogacy journey.
Medical Screening: Following a successful match, surrogates undergo further medical screening. This step is crucial to confirm overall health and readiness for the surrogacy process.
Legal Process: Once medical screening is complete, the legal process begins. This involves drafting and finalizing surrogacy agreements to protect the rights and responsibilities of both the surrogate and the intended parents.
Medical Process, Including IVF: After the legal agreements are in place, the medical process starts. This includes fertility treatments and in vitro fertilization (IVF) to facilitate the pregnancy.
Pregnancy and Birth: The final stages of the journey involve the surrogate carrying the pregnancy and eventually giving birth. Throughout this period, we provide continuous support and care to ensure a healthy pregnancy and delivery experience for both the surrogate and the baby.

Throughout every stage, Fairfax Surrogacy provides unwavering support and care to ensure a healthy and rewarding experience for both you and the intended parents.

Becoming a Surrogate in Washington

To become a surrogate in Washington, candidates typically need to have had at least one successful pregnancy, be in good physical and mental health, and meet certain age criteria. The basic requirements to become a surrogate in Washington are:

Must be a legal resident of the United States
Must be between the ages of 21 and 42 years old
Must have a body mass index (BMI) less than or equal to 32.
Must have had at least one full-term, uncomplicated pregnancy and birth
Must have had 5 or fewer previous deliveries and 2 or fewer C-sections

If you meet these basic requirements, you may be eligible to become a gestational surrogate with Fairfax Surrogacy. This process is the beginning of a rewarding journey where you can make a significant difference in the lives of intended parents.

The Application Process

Becoming a surrogate is a meaningful journey, and at Fairfax Surrogacy, we are here to guide you through every step of the way. The first step in your surrogacy journey is the application process, where we take the time to get to know you and ensure that you have all the information you need about surrogacy.

What to Expect During the Application Process:

Initial Consultation: We will start by having an initial consultation to answer any questions you may have and provide you with comprehensive information about surrogacy. This is an opportunity for you to gain a clear understanding of the surrogacy process.
Questionnaires and Interviews: As part of the application process, we will gather information through questionnaires and interviews. These will help us learn more about your background, preferences, and motivations for becoming a surrogate.
Medical History and Records: Your medical history, including pregnancy and delivery records, will be reviewed. This is to ensure that you meet the necessary medical criteria for surrogacy.
Matching Preferences: We will discuss your preferences for matching with intended parents. Your comfort and compatibility with the intended parents are essential for a harmonious surrogacy journey.
Medical and Psychological Assessments: As part of the screening process, you will undergo basic laboratory testing and a psychological assessment. These assessments help ensure that you are physically and emotionally prepared for the surrogacy journey.
Insurance Review: We will review your medical insurance to determine which aspects of the surrogacy process are covered. If necessary, we may work on adjusting or expanding your health insurance coverage to prevent unforeseen expenses.

Our goal during the application process is to provide you with all the support and information you need to embark on this remarkable journey with confidence. Your well-being and understanding of the process are our top priorities.

Compensation for Surrogates in Washington

At Fairfax Surrogacy, we deeply value the commitment and vital role our surrogates play in the journey of creating families. Understanding the importance of transparency in financial matters, we prioritize clear and upfront communication about how much surrogates get paid in Washington, ensuring our surrogates are fully informed from the beginning.

Generous Benefits Package: Fairfax Surrogates are offered a generous Benefits Package, starting at $55,000. This package is designed to adequately compensate our surrogates for their dedication and the incredible gift they are providing to intended parents.
Additional Fees and Bonuses: In addition to your base compensation, our package includes additional fees and bonuses, recognizing the various aspects and stages of the surrogacy journey.
Support and Benefits: Beyond financial compensation, surrogates receive comprehensive support throughout the pregnancy, including medical care, counseling, and a supportive community of fellow surrogates.

Becoming a surrogate is a profound decision that impacts many lives. At Fairfax Surrogacy, we honor and respect the dedication of our surrogates and are committed to providing them with the utmost care and support throughout their surrogacy journey in Washington.

For detailed information about the benefits and support we offer, find out if you qualify!

FAQs About Surrogacy in Washington

Is surrogacy legal in Washington?

Yes. Gestational surrogacy is expressly permitted in Washington under RCW 26.26A.700 through 26.26A.785, which also recognizes genetic (traditional) surrogacy under a separate, court-validation-based process. A gestational surrogacy agreement that complies with the statute’s eligibility, process, and content requirements is enforceable, and even a non-compliant agreement is not automatically void — a court will still determine each party’s rights based on their intent when the agreement was signed.

Can LGBTQ+ individuals and same-sex couples pursue surrogacy in Washington?

Yes. Washington’s definition of “intended parent” under RCW 26.26A.010(13) covers any individual, married or unmarried, with no restrictions based on marital status, sexual orientation, or genetic link to the child, so LGBTQ+ individuals and same-sex couples can pursue surrogacy on the same terms as any other Intended Parents.

What are the requirements for becoming a surrogate in Washington?

Surrogates in Washington typically need to meet certain criteria, such as being of a certain age range, having a previous successful pregnancy, and passing medical and psychological screenings. These requirements are in place to ensure the health and well-being of both the surrogate and the child. The basic requirements to become a surrogate in Washington are:

Must be a legal resident of the United States
Must be between the ages of 21 and 42 years old
Must have a body mass index (BMI) less than or equal to 32
Must have had at least one full-term, uncomplicated pregnancy and birth
Must have had 5 or fewer previous deliveries and 2 or fewer C-sections

How do intended parents establish legal parentage in Washington?

In Washington, intended parents can establish legal parentage through the process of obtaining pre-birth or post-birth parentage orders from the court, consistent with the requirements described above under “Surrogacy Laws in Washington”. This process typically involves filing a petition with the court that outlines the surrogacy arrangement. The court then reviews the petition and, if it meets the necessary criteria, issues an order that legally recognizes the intended parents as the legal parents of the child.

What are the costs associated with surrogacy in Washington?

Surrogacy costs can vary, but they generally include agency fees, surrogate compensation, medical expenses, legal fees, and other related costs. Agencies like Fairfax Surrogacy offer fixed cost packages to provide clarity and manage financial aspects of the surrogacy journey.

Is Washington a surrogacy-friendly state?

Yes. Washington is considered a surrogacy-friendly state. Its comprehensive statute (RCW 26.26A.700–785) gives Intended Parents and Gestational Carriers clear eligibility rules, an enforceable agreement framework, and a defined court process for establishing parentage before, on, or after the child’s birth.

How do I find a surrogate in Washington?

Finding a surrogate typically involves working with a reputable surrogacy agency. These agencies have expertise in matching intended parents with surrogates who meet their specific needs and preferences. The process usually includes:

Consultation with a Surrogacy Agency: Start by consulting a surrogacy agency like Fairfax Surrogacy. They will provide information about their services, the surrogacy process, and answer any initial questions you may have.
Surrogate Matching Process: The agency will assist you in the matching process, taking into account factors such as compatibility, personality, values, and any specific preferences or requirements you have.
Rigorous Screening: Surrogates undergo a rigorous screening process, which includes medical, psychological, and background checks, to ensure they are suitable for the surrogacy journey.
Legal and Medical Procedures: Once a match is made, the agency will guide you through the necessary legal and medical procedures, including drafting surrogacy agreements and coordinating medical treatments.

Working with an agency ensures that all aspects of the surrogacy process are handled professionally and in compliance with Washington‘s legal framework.

Contact Us

Ready to take the next step in your surrogacy journey?

Whether you’re considering becoming a surrogate or you’re on the path to parenthood, Fairfax Surrogacy is here to guide and support you every step of the way. Our team of compassionate and experienced professionals is eager to answer your questions and provide the personalized assistance you need.

Contact us today to explore your options, learn more about our services, and start your journey with confidence. Your dream of building or helping to build a family is just a conversation away – let’s make it a reality together!