Surrogacy is a remarkable act of generosity. For many families, it’s a deeply personal journey that brings hope, love, and the joy of parenthood. For the surrogate mother, it’s a commitment that blends compassion with trust and responsibility.
But behind every surrogacy arrangement lies a complex web of legal rights and protections—for both the intended parents and the surrogate mother. Understanding those rights early helps ensure that everyone involved feels respected, supported, and secure.
At Story Law in Bellevue, our family law attorneys help clients navigate surrogacy agreements through collaboration and clarity. Whether you’re a surrogate mother or an intended parent, we guide you through Washington’s surrogacy laws so you can focus on what matters most—welcoming new life with peace of mind.
The Role of Surrogate Mothers
A surrogate mother carries and delivers a baby for someone else, known as the intended parents. Washington State law recognizes two main types of surrogacy:
- Gestational Surrogacy: The surrogate carries a child conceived using the intended parents’ (or donors’) egg and sperm. The surrogate has no genetic connection to the baby.
- Traditional Surrogacy: The surrogate uses her own egg, making her the biological mother of the child. This arrangement is much less common due to legal and emotional complexities.
While surrogacy can be a beautiful experience, it also requires careful legal planning to protect everyone’s rights.
Legal Status of Surrogacy in Washington
Surrogacy was once a legal gray area in Washington, but that changed with the Uniform Parentage Act, effective January 1, 2019. Under this law, both compensated and uncompensated surrogacy agreements are now legal and enforceable when properly executed.
This means intended parents and surrogate mothers can enter into a clear, written agreement that defines everyone’s rights and responsibilities—giving the process legal strength and emotional safety.
However, the law also sets specific requirements to make sure surrogacy is ethical and fair for all involved.
Legal Requirements for a Valid Surrogacy Agreement
To be enforceable in Washington, a surrogacy agreement must meet strict guidelines. These help ensure that the surrogate mother’s rights are protected and that both sides understand the arrangement fully.
A valid surrogacy agreement must include:
- Independent Legal Representation: Both the surrogate mother and the intended parents must have separate lawyers. This ensures fairness and avoids conflicts of interest.
- Informed Consent: The surrogate must voluntarily agree to the arrangement, with full understanding of the medical and legal implications.
- Medical and Psychological Screening: Surrogates are typically required to undergo evaluations to ensure readiness for the process.
- Written Agreement Before Medical Procedures: The contract must be signed and notarized before any embryo transfer takes place.
- Court Validation: In most cases, the agreement is filed with the court for approval to confirm its legality.
At Story Law, our family law attorneys ensure each of these steps is handled properly so all parties feel confident and protected.
Rights and Protections for Surrogate Mothers
Surrogate mothers have important legal protections under Washington law. These protections are designed to safeguard health, autonomy, and fairness throughout the process.
1. The Right to Independent Counsel
Every surrogate mother must have her own attorney—someone who represents only her interests. At Story Law, we often collaborate with other attorneys to ensure that both the surrogate and intended parents receive clear, balanced guidance.
2. The Right to Make Medical Decisions
Even with a surrogacy contract in place, the surrogate maintains control over her own body and health. She has the right to make medical decisions during pregnancy, including choices about medical care and delivery.
3. The Right to Compensation and Coverage
If the arrangement is compensated, the surrogate mother is entitled to fair payment for her time, effort, and physical commitment. This typically includes medical expenses, maternity care, lost wages, and sometimes additional costs tied to pregnancy-related needs.
4. The Right to Emotional and Legal Support
Surrogacy can be emotionally complex. Legal protection also means access to emotional support, counseling, and transparent communication throughout the process.
Responsibilities of Intended Parents
Just as the surrogate has rights, the intended parents also carry legal and financial responsibilities. These include covering medical expenses, maintaining health insurance for the surrogate during pregnancy, and assuming legal parenthood once the child is born.
By defining these responsibilities clearly, a surrogacy agreement prevents confusion and safeguards everyone involved.
Collaborative Law and Surrogacy
At Story Law, we often approach surrogacy cases through the lens of collaborative law—a method that encourages communication and mutual respect instead of conflict.
In collaborative family law, both sides agree to work together outside of court to resolve legal details, guided by their attorneys. This approach is especially valuable in surrogacy, where trust and ongoing cooperation are essential.
Collaborative law helps all parties maintain positive relationships throughout the process, focusing on shared goals rather than litigation.
When Litigation May Become Necessary
While most surrogacy arrangements proceed smoothly, disputes can sometimes arise—especially if agreements were unclear or improperly executed.
In rare cases, litigation may be required to address issues such as:
- Disagreements over medical decisions
- Questions about parental rights or custody
- Breach of contract
- Compensation disputes
At Story Law, our team prioritizes resolution through collaboration, but we are fully prepared to represent clients in court if needed. Our experience in both collaborative law and litigation ensures your case is handled with skill and compassion.
Protecting Parental Rights
For intended parents, one of the biggest fears is uncertainty over legal parenthood. Washington’s surrogacy laws now make it possible to establish parentage before the child is born, giving intended parents full rights immediately after birth.
Once the court approves the surrogacy agreement, the intended parents are recognized as the child’s legal parents—ensuring there’s no confusion or delay in the child’s care and custody.
The Importance of Compassion and Clarity
Surrogacy is not just a legal process—it’s an emotional journey. It involves trust, respect, and the shared goal of bringing new life into the world.
That’s why having clear agreements, transparent communication, and supportive legal guidance matters so much. It protects not just rights, but relationships.
At Story Law in Bellevue, we treat every surrogacy case with care and respect. Our family law attorneys understand the delicate balance between legal protection and emotional well-being.
How Story Law Supports Families and Surrogates
We’ve spent decades helping families across Bellevue, Kirkland, Redmond, and the greater Seattle area navigate complex family law matters with compassion and confidence.
When you work with Story Law, you’ll find a team that values:
- Integrity: We handle every case with honesty and transparency.
- Empathy: We understand the emotional depth of surrogacy and family creation.
- Decades of Experience in Family Law: We combine knowledge of surrogacy law, collaborative law, and litigation to offer comprehensive support.
- Commitment to Resolution: We seek positive, lasting outcomes for everyone involved.
Whether you’re a surrogate mother or an intended parent, you deserve legal protection that honors your generosity and your dreams.
Moving Forward With Confidence
Surrogacy represents hope, trust, and the power of human connection. But that connection is strongest when it’s built on a foundation of clarity and respect.
Understanding the rights and protections of surrogate mothers in Washington allows everyone to move forward with confidence and peace of mind.
If you’re considering surrogacy—as a surrogate or as intended parents—Story Law in Bellevue, WA is here to help. Our family law attorneys will guide you through every step with care, compassion, and professionalism.
