Surrogacy in Washington

Posted on July 21, 2021 by Giving Tree Surrogacy & Egg Donation

The Uniform Parentage Act passed in 2019 entirely regulated the process of surrogacy in Washington, and for the better. It made compensated surrogacy legal, allowing intended parents to achieve parenthood.

With this article, we will cover all the laws outlining surrogacy in Washington. Let us start.

Is gestational surrogacy legal in Washington?

Yes, gestational surrogacy is now lawfully legal in Washington. Also, due to the uniform parentage act in 2019, courts typically favor surrogacies.

Is compensated surrogacy legal in Washington?

Yes, as per the uniform parentage act passed in 2019, compensated surrogacy is legal in Washington.

Exact compensation for surrogates varies a lot from agency to agency and traditional surrogacy is always cheaper than gestational surrogacy.

Contact us to find out a base estimate for first-time surrogates or the cost of an entire surrogacy journey.

Is gay surrogacy legal in Washington?

Yes, gay surrogacy is completely legal in Washington. Moreover, there are no extra laws that impact the surrogacy process for gay couples or individual parents.

Is traditional surrogacy legal in Washington?

Yes, traditional surrogacy is also legal in Washington. It is also stated as “genetic surrogacy” in the Washington statute.

However, apart from the inherent risks of traditional surrogacy, there is one more thing intended parents should know.

After the birth, the surrogate is given 48 hours to decide if she wants to relinquish her parental rights as she is the genetic mother of the child. That is why pre-birth orders are also prohibited in traditional surrogacy.

Are surrogacy agreements enforceable in Washington?

Yes, surrogacy agreements are lawfully enforceable in Washington. But, the agreement should adhere to all the requirements mentioned by the state law.

The main requirement involves intended parents and surrogates representing themselves legally.

What are the laws in Washington on pre-birth orders?

Washington courts will issue pre-birth orders in a gestational surrogacy as long as the surrogacy contract is valid. A valid surrogacy contract entails intended parents and surrogates representing themselves individually and being over the age of 21. This law is the same for all married, unmarried, same-sex, heterosexual, and single parents.

On the contrary, pre-birth orders cannot be issued in the case of traditional (genetic) surrogacy. Hence, intended parents have to go for post-birth adoptions.

Is second-parent adoption allowed in Washington?

Yes, the Washington statute permits second-parent adoptions.


As of now, Washington is one of the most surrogacy-friendly states in the US. All the aspects of surrogacy and their requirements are outlined in the statute.
Regardless of the laws, gestational surrogacy is a complex process. We recommend intended parents work with experienced surrogacy professionals like Giving Tree Surrogacy and their network of surrogacy attorneys in Washington.

Happy Family Building!


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