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Surrogacy | Print |
Washington law limits the kinds of gestational agreements that it will enforce, should a dispute arise between the parties. Surrogacy in Washington is legal, however, the level of compensation for a surrogate is limited to her medical and pregnancy related expenses only, e.g., medical visits, time loss from work, maternity clothing, pre-natal vitamins, and that sort of thing. There can be no additional compensation for a contract that is governed by Washington State Law. If the parties contract outside the state but try to enforce the contract in Washington, it could be deemed unenforceable here.

In 2002, the Washington Legislature changed some rules related to alternative insemination, egg donation, and surrogacy agreements which make things a bit easier on all the parties involved. In essence, no separate parentage action or adoption proceeding may be necessary, so long as the procedures used are done under contract, with the proper consent forms executed, and with the assistance of a physician. [Caution: The surrogate may, within 10 days of the birth, seek to be established as the parent of the child by filing an affidavit and physician’s certificate.]

The laws in other states are far more liberal on the issue or reproduction technologies or say nothing at all and compensation is allowable. Certainly you could contract with the understanding that any and all disputes re: the surrogacy would be resolved in another state's courts under its laws - rather than the laws of the State of Washington.

Regardless, the contract can specify that any parentage action or determination of parentage would be handled in Washington or whichever state in which the parents reside (or where the birth will take place).

Regarding representation in surrogacy matters, I charge $275.00 per hour for my work. A consultation can be as short as 1/2 an hour or as long as 3, depending on the questions you have.

Typically the contract runs about $1,500.00, with another $500-1,000 for the surrogate’s attorney to review the document.

If other legal work becomes necessary to establish parentage, the fees are charged at $275.00 per hour with a retainer based on the anticipated scope of the work needed.

We also offer estate planning services (Wills, Powers of Attorney, etc.) at flat fees.

Should you wish to consult with me further about this matter, please feel free to schedule an appointment.
© 2010 North Sound Law, P.S.