RCW 26.26A.740
238 words·~1 min read·
/wa/title-26/chapter-26-26a/26-26a-740·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)Except as otherwise provided in subsection
(3)of this section or RCW 26.26A.745
(2)or 26.26A.755 , on birth of a child conceived by assisted reproduction under a gestational surrogacy agreement, each intended parent is, by operation of law, a parent of the child.
(2)Except as otherwise provided in subsection
(3)of this section or RCW 26.26A.755 , neither a woman acting as a gestational surrogate nor the surrogate's spouse or former spouse, if any, is a parent of the child.
(3)If a child is alleged to be a genetic child of the woman who agreed to be a gestational surrogate, the court shall order genetic testing of the child. If the child is a genetic child of the woman who agreed to be a gestational surrogate, parentage must be determined based on RCW 26.26A.005 through 26.26A.515 .
(4)Except as otherwise provided in subsection
(3)of this section or RCW 26.26A.745
(2)or 26.26A.755 , if, due to a clinical or laboratory error, a child conceived by assisted reproduction under a gestational surrogacy agreement is not genetically related to an intended parent or a donor who donated to the intended parent or parents, each intended parent, and not the woman acting as a gestational surrogate and the surrogate's spouse or former spouse, if any, is a parent of the child, subject to any other claim of parentage.
[ 2018 c 6 s 709 .]