Assisted Reproductive Technology Law in Washington: What You Need to Know

Assisted Reproductive Technology (ART) is an expanding field offering various medical procedures to help individuals and couples achieve parenthood. The need for fertility assistance is on the rise in Washington. It's estimated that over 200,000 residents are affected by infertility, and according to Reproductive Medicine Associates (RMA) in Seattle, that number is likely even higher.

To meet the growing demand, RMA opened a second clinic location in Bellevue in April as reported by KING5 News. In 2021, 2.6% of Washington State births resulted from in vitro fertilization (IVF), based on the latest CDC figures. To contextualize, the national average for IVF births was 2.3% in the same period.

As ART, including IVF (in vitro fertilization), becomes increasingly prevalent, it's crucial to understand the legal landscape surrounding it, especially in Washington State. This blog post provides an overview of key aspects of ART law in Washington, offering guidance for those considering IVF or surrogacy.

Understanding Assisted Reproductive Technology Law in Washington

Assisted Reproductive Technology Law in Washington aims to protect the rights and interests of all parties involved, including intended parents, donors, and surrogates. A significant deve lopment was the adoption of the Uniform Parentage Act (UPA) in 2019, providing a comprehensive legal framework for ART and surrogacy. The UPA establishes clear guidelines for determining parentage in cases involving ART, ensuring that intended parents are recognized as the legal parents of a child conceived through these methods.

Key Provisions of Washington ART Law

• Intended Parents: Washington law places no restrictions based on marital status or sexual orientation, meaning single individuals and same-sex couples can utilize ART to build their families. Intended parents can be recognized as legal parents even if they have no genetic connection to the child.

• Donors: Egg and sperm donors have no parental rights or responsibilities. Donor anonymity is protected, but children conceived through ART have the right to access identifying information about their donors when they reach adulthood.

• Surrogacy: Both gestational surrogacy (using a donor egg or embryo) and traditional surrogacy (using the surrogate's own egg) are permitted in Washington. Surrogacy agreements are legally enforceable, and pre-birth parentage orders can be obtained to establish the intended parents as the legal parents before the child is born.

• Parentage Orders: These court orders are crucial for securing the rights of intended parents in ART cases. Pre-birth orders are available in surrogacy cases, ensuring intended parents are recognized from the moment of birth.

Starting the IVF Process in Washington

• Consultation: The first step involves consulting with a fertility clinic to determine the appropriate ART procedure.

• Agreements: Entering into agreements regarding the use of sperm, egg, or both is essential to outline the terms of the donation and the rights and responsibilities of all parties involved.

• Legal Advice: Seek guidance from a fertility attorney to navigate the legal implications and ensure all contracts and agreements are legally sound.

Navigating the Legal Implications of ART

• Legal Counsel: Given the complexities of ART procedures, consulting with an experienced ART attorney is essential. A surrogacy lawyer can also assist with the unique considerations involved in surrogacy arrangements.

• Contracts: Carefully drafted contracts are crucial in ART arrangements, outlining the rights and responsibilities of all parties.

• Privacy: Washington’s Reproductive Privacy Act protects the privacy and autonomy of those seeking reproductive health services, including IVF and surrogacy.

• Health and Safety: The Washington State Department of Health regulates ART services, ensuring that clinics and facilities meet certain standards and follow guidelines to protect the health and well-being of those using ART services.

Seeking Legal Assistance

Understanding the legal aspects of ART is crucial for a smooth journey to parenthood. Whether you are considering IVF, surrogacy, or other ART procedures, seeking legal counsel from View Ridge Family Law & Estate Planning can help you protect your rights and make informed decisions. We can connect you with a trusted IVF attorney or surrogacy solicitor from our referral network.

Contact us at 206-703-0764 or reach out online to schedule a consultation and discuss your options with our Client Services Director.