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The legal landscape of IVF and surrogacy in Washington State

On Behalf of | Feb 13, 2025 | Surrogacy

Assisted reproductive technology (ART) has made it possible for individuals and couples to build families. However, the rise of ART brings a web of legal aspects that intended parents must understand. As someone considering IVF or surrogacy in Washington State, what do you need to know about the law to help ensure a smooth journey to parenthood?

Navigating the IVF process

The Uniform Parentage Act regulates IVF or in vitro fertilization, a process where the sperm fertilizes the egg outside the body. This act establishes the parental rights of individuals using ART and considers one who intends to be a parent as a parent if they consent to the ART. In addition, those using IVF may need to enter into agreements regarding the use of the sperm, egg or both to outline the terms of the donation and the rights and responsibilities of all parties involved.

Entering into surrogacy agreements

Meanwhile, Washington law allows intended parents to work with a surrogate under certain requirements. Before the embryo transfer, intended parents and the surrogate must sign a surrogacy agreement that outlines the surrogacy terms.

After birth, intended parents have the right to make decisions about their child’s care and well-being. They must also provide their child with a safe and nurturing environment. During pregnancy, the surrogate has autonomy over her health decisions. The surrogacy agreement may also outline medical guidelines and decision-making processes during pregnancy.

Protecting your privacy

Additionally, Washington’s Reproductive Privacy Act protects the privacy and autonomy of those seeking reproductive health services, including IVF and surrogacy. This act ensures they have the right to make reproductive decisions and have access to the health services they need.

Health and safety standards

The Washington State Department of Health regulates ART services. It is responsible for ensuring that clinics and facilities providing these services meet certain standards and follow guidelines. Such standards and guidelines aim to protect the health and well-being of those using ART services.

Making informed decisions about building your family

Building a family is a life-changing choice that requires careful planning. With legal counsel, you may receive the guidance you need to enter into contracts and manage the complex issues of IVF or surrogacy. Also, seeking legal counsel may help you protect your rights and make informed decisions about building your family.