Washington D.C. Surrogacy Laws 2025

Understanding surrogacy laws in Washington

Welcoming a child through surrogacy is a profound and life-changing journey—one that deserves clarity, compassion, and unwavering legal protection. Washington surrogacy laws have evolved to create a safe, transparent, and supportive environment for both Intended Parents and Surrogates. Whether you’re dreaming of growing your family or considering the generous act of becoming a Surrogate, you can feel confident knowing that Washington’s legal framework is designed to protect your rights, your relationships, and your peace of mind.

Since the passage of the Uniform Parentage Act (UPA) in 2019, surrogacy laws in Washington State have provided clear guidance for all parties. Both compensated and altruistic surrogacy arrangements are recognized, and the law ensures that every step—from eligibility to parentage—is handled with care and respect. At Hatch, we believe that every family-building journey should be grounded in safety, transparency, and dignity for everyone involved.

Types of surrogacy recognized in Washington

Washington stands out for its inclusive and forward-thinking approach to surrogacy. The state recognizes two primary types of surrogacy:

Gestational surrogacy

Gestational surrogacy is the most common arrangement in Washington. In this process, the Surrogate (also called a gestational carrier) is not genetically related to the child. Instead, embryos are created using the Intended Parents’ or donors’ eggs and sperm, then transferred to the Surrogate’s uterus. This approach ensures that the Intended Parents are the legal parents from the start, and the Surrogate has no parental rights or obligations.

Traditional surrogacy

While less common, traditional surrogacy—where the Surrogate’s own egg is used—remains legally possible in Washington. However, this arrangement is more complex, as the Surrogate is genetically related to the child. The law requires additional legal steps to ensure that parental rights are properly established and that everyone’s interests are protected.

Compensated and altruistic surrogacy

Washington law allows both compensated (where the Surrogate receives payment beyond expenses) and altruistic (unpaid, except for reasonable expenses) surrogacy. This flexibility means that Surrogates and Intended Parents can choose the arrangement that best fits their values and needs, knowing that the law supports fairness and transparency in all cases.

These legal recognitions are in place to ensure that every surrogacy journey in Washington is built on trust, respect, and mutual understanding.

Eligibility requirements for Intended Parents and Surrogates

Washington surrogacy laws set clear eligibility standards to protect the health, safety, and well-being of everyone involved. These requirements are designed to ensure that surrogacy arrangements are entered into thoughtfully and responsibly.

Intended Parents

• Marital status: Both married and unmarried individuals or couples are eligible to pursue surrogacy in Washington.
• Sexual orientation: The law is inclusive—LGBTQ+ individuals and couples have equal access to surrogacy.
• Age: There is no specific statutory age requirement, but Intended Parents must demonstrate the ability to care for a child.
• Medical necessity: Intended Parents typically must show a medical or other compelling reason for choosing surrogacy.

Surrogates

• Age: Surrogates must be at least 21 years old.
• Medical screening: Comprehensive physical and mental health evaluations are required to ensure the Surrogate is healthy and prepared for the journey.
• Previous pregnancy: Surrogates must have given birth to at least one child previously, demonstrating their ability to carry a pregnancy safely.
• Informed consent: Surrogates must receive independent legal counsel and counseling to ensure they fully understand their rights and responsibilities.
• Limitations: A surrogate must have completed no more than two prior surrogacy pregnancies while residing in this state to be eligible to proceed again.
  

These safeguards are in place to protect and support everyone involved, fostering a surrogacy process that is both safe and empowering.

Legal steps to create a surrogacy agreement

A legally sound surrogacy agreement is the cornerstone of a safe and successful journey. Washington surrogacy laws require that every arrangement be formalized through a written contract that meets strict legal standards.

Key requirements for a valid surrogacy agreement

• Written contract: The agreement must be in writing and signed by all parties before any medical procedures begin.
• Independent legal counsel: Both the Intended Parents and the Surrogate must have their own attorneys to ensure their interests are fully represented.
• Detailed terms: The contract must clearly outline compensation (if any), parental rights, medical decisions, and responsibilities during the pregnancy.
• Counseling: All parties must receive counseling to ensure they understand the emotional and legal implications of surrogacy.
• Court approval: In some cases, the agreement may be submitted to the court for pre-birth validation, providing an extra layer of legal security.

By following these steps, you can feel confident that your surrogacy journey in Washington is protected by a robust legal framework—one that prioritizes clarity, fairness, and the well-being of all involved.

Parental rights and establishing parentage in Washington

One of the most reassuring aspects of surrogacy laws in Washington State is the clear path to establishing parental rights. The law recognizes Intended Parents as the legal parents from the outset, provided all legal requirements are met.

How parentage is established

• Pre-birth orders: Intended Parents can obtain a pre-birth parentage order from the court, which ensures their names appear on the child’s birth certificate immediately after birth.
• No adoption required: With a valid surrogacy agreement and court order, Intended Parents do not need to go through a separate adoption process.
• Protection for all families: The law applies equally to married, unmarried, and LGBTQ+ Intended Parents, ensuring every family is treated with dignity and respect.

These legal protections mean that you can focus on the joy of welcoming your child, knowing that your parental rights are secure and recognized from day one.

Take the next step with confidence

Begin your surrogacy journey in Washington with Hatch

Your surrogacy journey deserves the highest level of care, expertise, and respect. At Hatch, we are committed to guiding you through every legal and emotional step—ensuring your experience is safe, transparent, and deeply supported. Whether you’re an Intended Parent or a Surrogate, you can trust our team to protect your rights, answer your questions, and celebrate your milestones.

Ready to explore surrogacy in Washington? Connect with Hatch today and take the first step toward building your family with confidence and compassion.

Frequently Asked Questions

• Are compensated surrogacy arrangements legal under Washington surrogacy laws?
  Yes, both compensated and altruistic surrogacy are legal in Washington, provided all legal requirements are met.
• Do Intended Parents need to be married to pursue surrogacy in Washington State?
  No, surrogacy laws in Washington State are inclusive of both married and unmarried individuals and couples.
• How are parental rights established for Intended Parents?
  Intended Parents can obtain a pre-birth parentage order, ensuring their names are on the birth certificate and their rights are recognized from birth.
• What protections exist for Surrogates under Washington surrogacy laws?
  Surrogates must receive independent legal counsel, counseling, and a written contract that clearly outlines their rights and responsibilities.
• Is traditional surrogacy allowed in Washington?
  Yes, traditional surrogacy is permitted, but it involves additional legal steps to establish parentage due to the Surrogate’s genetic connection to the child.