Washington Fertility Lawyer

Numerous families are turning to Assisted Reproductive Technology (ART) like in vitro fertilization (IVF) and surrogacy to grow their families. There are a number of legal complexities involved in these agreements.

Our ART and surrogacy attorney, Christina T. Sherman has more than 20 years of experience, and is dedicating her practice to adoption and fertility law.  She has dedicated her Tacoma-area legal practice, Christina T. Sherman, PLLC, and career to the practice of surrogacy and adoption law. If you are considering ART and have matched with a gestational carrier and/or donor to grow your family, she can facilitate agreements, advocate on your behalf and protect your rights and interests.

Assisted Reproductive Technology And Surrogacy In Washington State

Assisted Reproductive Technology (ART) is the production of a pregnancy without sexual intercourse. (RCW 26.26A.700), utilizing such methods as:

• Intrauterine or intracervical insemination;
• Donation of gametes;
• Donation of embryos;
• In vitro fertilization and transfer of embryos; and
• Intracytoplasmic sperm injection.

Surrogacy involves an agreement between one or more intended parents and a woman who is not an intended parent who agrees to become pregnant through assisted reproduction for the purpose of making the intended parents of the child conceived under the agreement. RCW 26.26A.700

Establishing Parental Rights To A Child Born From Surrogacy

Washington state recently incorporated Assisted Reproductive Technology into its Uniform Parentage Act (UPA 2017), which establishes a legal framework for parental rights. A parent becomes a parent through Assisted Reproductive Technology through valid assisted reproductive technology and surrogacy agreements. Our IVF and surrogacy lawyer can help you with:

• Negotiating, drafting and editing ART and surrogacy contracts on your behalf
• Making sure that you understand the terms of these complicated agreements
• Facilitating communications with medical providers, including hospital staff to make sure everyone understands applicable surrogacy relationships
• Providing legal clearance to the fertility clinic to begin their ART process.
• Establishing legal parentage of the child by the intended parents through pre birth or post birth parentage orders.

As an adoption and fertility lawyer, Ms. Sherman has dedicated her career to understanding the intricacies of Washington laws establishing parental rights. She can advocate on your behalf and protect your legal rights in the ART or surrogacy process.

Surrogacy Contracts: The Relationship Between Parents And The Surrogate Mother

Surrogacy contracts are legal agreements that govern the relationship and responsibilities between the intended parents and a surrogate mother. These contracts outline the terms of the surrogacy arrangement, including compensation, medical procedures and parental rights of the parties.

In cases of gestational surrogacy where the surrogate has no genetic connection to the child, these contracts help establish the intended parents as the legal parents from the outset. Surrogacy contracts also typically address issues like potential contingencies, such as multiple embryo transfers and selective reduction.

ART And Donor Agreements

Donor agreements are contracts that govern the process of donating eggs, sperm or embryos for assisted reproductive purposes. These agreements clarify the rights and responsibilities of the donor, the recipient and the resulting child. They often outline issues related to confidentiality, compensation and the relinquishment of parental rights by the donor.

Traditional Or Genetic Surrogacy

Genetic surrogacy, also known as traditional surrogacy, involves a surrogate mother who uses her own eggs for conception. In genetic surrogacy, the surrogate has a biological, genetic connection to the child she carries. Surrogacy contracts for genetic surrogacy must carefully define the roles and responsibilities of all parties. Genetic surrogacy is a complex and sensitive process, requiring comprehensive legal documentation and a different legal process then gestational surrogacy.

For example, in Genetic surrogacy, the surrogate may change her mind about relinquishing her parental rights to the infant up to 48 hours after the birth of the infant. For this reason, an intended parent may not obtain a pre-birth parentage order in a genetic surrogacy .

Gestational Surrogacy And The Importance Of ART Contracts

Gestational surrogacy is a surrogacy arrangement where the surrogate mother is not genetically related to the child she carries. In this case, ART contracts are instrumental, as they specify the use of intended parents’ or donor gametes for conception. The surrogacy contract for gestational surrogacy is focused on the rights and obligations of the intended parents and the surrogate in the absence of a genetic connection. These contracts ensure that the child’s legal parentage is established from the outset, promoting a smoother and more legally secure surrogacy journey.

The Legal Process For ART And Surrogacy Contracts

At Christina T. Sherman, PLLC, if you are contemplating ART, IVF and using a surrogate mother, our process usually includes the following:

• An initial consultation: We begin with a detailed discussion to understand your goals, whether you are the intended parents or the possible surrogate.
• Legal consultation and drafting: Our firm will draft a comprehensive contract outlining the rights and responsibilities of all parties involved. This includes medical procedures, compensation, parental rights and other key aspects depending on your goals and circumstances.
• Review and negotiation: Both parties review the contract. We facilitate negotiations to make sure there is mutual agreement and satisfaction.
• Finalization and signing: Once all of the terms are agreed upon, the contract is finalized and signed, making it legally binding.
• Legal Clearance: With the contract in place, the attorney will provide legal clearance to the medical facility so that the medical procedures such as IVF and embryo transfer can proceed. We remain available for any legal support needed during this time.
• Pre Birth Parentage Order (for Gestational Surrogacy Contracts):  When the Gestational Carrier is about 20 weeks pregnant, the intended parents can file for a pre-birth parentage order asking the court to enter an order recognizing that they are the parents of the child born to the surrogate.  Parentage may also be established by the intended parents after the birth of the infant.
• Second Parent Adoption (for Sperm Donor Agreements);  Where the intended parents delivered a baby conceived through ART procedures utilizing donor sperm it is recommended that their parentage is fortified through a second parent adoption process after the birth of the child.  This provides the parents with of legal recognition of their parentage for the child born from donor gametes.

We are here to see you through the entire ART and surrogacy process. From drafting agreements to advocating for your rights, our surrogacy and IVF attorney can help protect your best interests.

How Do You Become A Gestational Surrogate In Washington?

Becoming a gestational surrogate is a generous way to help families achieve their dreams. If you’re considering this path in Washington, here’s a brief overview of the process:

• Research and decision: It is important to understand the emotional, physical and legal aspects of surrogacy to ensure that you’re prepared.
• Meet requirements: Surrogates must be at least 21, have given birth to at least one child, and undergo medical and psychological evaluations.
• Find a match: A prospective surrogate will work with a surrogacy agency or directly with the intended parents to find the right match.
• Medical screening: A surrogate mother must undergo a comprehensive medical evaluation to make sure you can carry a pregnancy to term.
• Legal agreements: A legal contract outlines the rights and responsibilities of both parties.
• Psychological evaluation: A psychological assessment will make sure that you’re mentally prepared. Ongoing counseling is also available.
• Embryo transfer: A fertility clinic performs the embryo transfer procedure.
• Pregnancy and birth: A surrogate will receive prenatal care and support throughout the pregnancy, with involvement from the intended parents as agreed.
• Pre or post-birth legal processes: Legal steps transfer parental rights to the intended parents, finalizing their legal rights.

As an ART and surrogate lawyer, our founding attorney represents intended parents but has also represented surrogate mothers to protect their rights and interests.

Surrogacy Requirements For Intended Parents In Washington

To establish a legally binding surrogacy arrangement in Washington, both intended parents and surrogates must adhere to specific criteria and retain independent legal counsel. The requirements and contractual considerations include the following:

• Prior pregnancy experience: Surrogates must have previously given birth to a child but no more than twice through surrogacy arrangements.
• Age requirement: All parties involved, including surrogates and intended parents, must be at least 21 years old.
• Medical and mental health screening: Surrogates and intended parents undergo thorough medical and mental health evaluations to ensure suitability for the surrogacy process.
• Residency: At least one party must be a resident of Washington state.

Once these prerequisites are met, legal representatives for both parties negotiate a comprehensive contract covering various aspects, including:

• Rights and responsibilities: Clearly outlining the roles and obligations of each party involved
• Risk and liability assessment: Identifying potential risks and liabilities associated with the surrogacy journey
• Financial arrangements: Detailing financial matters such as coverage of medical expenses and surrogacy insurance
• Parental rights establishment: Establishing the legal rights of intended parents to the child born through surrogacy
• Communication Expectations: Defining expectations regarding contact before, during, and after the surrogacy process

Once the surrogacy contract is mutually agreed upon, signed, notarized, and executed by both parties, the medical procedures necessary for surrogacy can begin. This legal and procedural framework aims to ensure the rights and well-being of all parties involved in the surrogacy arrangement.

Contact A Washington Fertility Lawyer