Becoming a parent through surrogacy is an extraordinary journey filled with hope, emotion, and intricate planning. But alongside the joys come complex legal considerations—especially in Washington State, where ensuring a smooth transition from birth to parental rights requires precision and care. You’ll need legally enforceable contracts, court orders, and trusted representation to navigate the process successfully.
At Story Law, our Bellevue Family Law attorneys bring years of experience helping hopeful parents, surrogates, and clinics build strong legal foundations. From drafting agreements to securing pre-birth parentage orders, we guide you through each step with clarity and confidence.
Understanding Surrogacy in Washington
In Washington, gestational surrogacy is the preferred path. It involves IVF with the intended parents’ (or donors’) genetic material, meaning the surrogate isn’t biologically related to the child. This method reduces the chances of legal disputes over parentage.
By comparison, traditional surrogacy, where the surrogate’s egg is used, is legal but less favored. It carries higher risks of contested parental rights because the surrogate is biologically connected. That’s why experienced legal counsel is critical from the beginning.
Gestational vs. Traditional Surrogacy: Legal Differences
- Gestational Surrogacy
The surrogate has no genetic connection, simplifying decisions at birth. A contract clearly defines parental roles, and legal documentation reflects that intended parents will assume parentage as soon as the child is born. - Traditional Surrogacy
Because the surrogate is the biological mother, Washington courts require more rigorous legal safeguards. Intent documentation, full consents, and often voluntary termination of parental rights are needed to prevent disputes after birth.
Story Law recommends gestational surrogacy whenever feasible, while ensuring agreements anticipate every possible scenario.
Drafting an Enforceable Surrogacy Agreement
A robust surrogacy contract is the heart of any successful journey. Essential provisions include:
- Compensation & Expenses: Clear terms outlining what the surrogate is paid and which medical and incidental costs are covered.
- Lifestyle Requirements: Guidelines about work, travel, tobacco/alcohol use, and prenatal care routines.
- Decision-Making Powers: Who chooses doctors and makes medical decisions during pregnancy?
- Termination Clauses: Conditions under which parties can withdraw (e.g. major fetal anomalies or unforeseen complications).
- Parental Intent Statement: Written acknowledgment that the intended parents will be the legal parents from the start.
- Enforcement Protocols: Dispute resolution steps—preferably mediation before litigation.
With gaps or ambiguities in your agreement, courts may reject parentage petitions. At Story Law, we ensure your agreements are precise and fully protective.
Pre-Birth vs. Post-Birth Parentage Orders
Getting the timing right is crucial:
- Pre-Birth Parentage Order
Filed before delivery, this court order establishes parental rights upon birth. It prevents guardianship complications, hospital delays, and bonding interruptions. - Post-Birth Parentage Order
If a pre-birth order isn’t obtained, intended parents must wait until after birth to petition. This can delay establishing legal rights and affect documents like birth certificates.
We always recommend pre-birth orders when possible, and Story Law is experienced in preparing these ahead of time.
Establishing Parental Rights in Court
Washington courts weigh several factors when granting parentage:
- Genetic lineage of the intended parents
- Clarity and fairness of the surrogacy contract
- Written, informed consent from all parties
- Compliance with legal provisions in RCW Chapter 26.26
We prepare your petitions with supporting evidence—genetic tests, signed contracts, medical endorsements—to satisfy court requirements and eliminate delays.
Insurance, Medical, and Financial Logistics
Surrogacy involves numerous practical considerations:
- Medical Coverage: Determine who pays for IVF, prenatal care, delivery, and any complications. Insurance may or may not cover these.
- Out-of-Pocket Expenses: Travel, maternity clothing, lost income, and daily expenses during pregnancy.
- Unanticipated Costs: Contingencies like NICU stays, multiples, or unexpected medical needs.
A clear compensation and expense structure is essential. We work closely with financial planners and surrogacy professionals to ensure all costs are addressed and agreed upon.
Navigating Ethical and Family Dynamics
Surrogacy is deeply personal and emotionally charged. Common issues include:
- The surrogate’s changing expectations during pregnancy
- The desire for ongoing communication post-birth
- Concerns about how extended family will engage
- Differing emotional attachments between the parties
Our team brings both legal experience and emotional awareness to address these dynamics. We assist with negotiation, drafting clauses about contact post-birth, and facilitating referrals to counseling or coaching as needed.
Handling Disputes and Unexpected Challenges
Even the best-laid plans can face hiccups:
- Health issues with the surrogate or the baby
- Arguments during pregnancy
- Birth surprises like twins or medical complications
When challenges arise, Story Law provides proactive legal intervention. We assist in renegotiating agreements, filing revised orders, or defending clients in court—always with the child’s best interest at heart.
Surrogacy and Same-Sex or Single Parents
Washington law supports families of all types. Whether you’re a same-sex couple or pursuing surrogacy as a single parent, legal recognition of parentage is critical. Our attorneys are adept at navigating the nuances to ensure parental rights are correctly granted.
Why You Need a Bellevue Family Law Attorney for Surrogacy
Surrogacy is a specialized cross-section of legal fields—family law, reproductive medicine, contract negotiation, and ethical considerations. A seasoned surrogacy attorney provides:
- Full legal compliance, keeping you up-to-date with the latest laws
- Protective contract drafting and dispute resolution planning
- Court representation during hearings and parentage orders
- Dedication to your daughter’s, son’s—and your family’s—future
At Story Law, we are deeply familiar with Bellevue’s reproductive clinics, judges, and regional legal norms. We offer confident, compassionate representation designed to protect your growing family from day one.
