Interstate And Cross-Border Surrogacy
Last updated on August 13, 2026
Surrogacy arrangements can become more complicated when the surrogate and intended parents live in different states or countries. Differences in parentage laws, court procedures and documentation requirements may affect whether parental rights are recognized where the family lives.
At Christina T. Sherman, PLLC, we help new and growing families address the legal details of assisted reproduction. From our Fircrest office, we serve clients throughout Washington with compassionate and highly communicative representation. Our attorney, Christina T. Sherman, has practiced law for more than 20 years and is an academy fellow in the Academy of Adoption and Assisted Reproduction Attorneys.
When A Washington Surrogate Works With Out-Of-State Intended Parents
Interstate surrogacy requires careful coordination between Washington law and the laws of the intended parents’ home state. A surrogacy agreement should clearly establish the parties’ responsibilities, expectations and intentions regarding parentage.
Washington permits a party to seek a parentage order before, on or after the child’s birth. However, intended parents must also consider whether their home state will recognize that order and what documents they will need when returning home. Planning for surrogacy in different states can reduce delays involving birth records, custody and parental recognition.
What Should International Intended Parents Consider?
Cross-border surrogacy may involve additional issues concerning citizenship, passports and travel documents. International parents should also determine whether their home country recognizes the arrangement and Washington parentage order.
Because the rules governing surrogacy for foreigners vary by country, the Washington process may need to be coordinated with an immigration professional or a legal representative in the intended parents’ country.
What Happens If The Surrogate Moves During Pregnancy?
A mid-pregnancy move can affect jurisdiction, court filings and the parentage process. The parties should promptly review the agreement and determine whether legal action is needed in the new state.
Early communication may prevent conflicting requirements from disrupting the planned process.
Discuss Your Surrogacy Plans With Our Firm
Christina T. Sherman, PLLC, provides careful legal support for interstate and international surrogacy arrangements from our Fircrest office in Washington. To discuss forming and protecting your family in Washington, call us at 253-254-7454 or fill out our contact form today.