RCW 26.26A.785
167 words·~1 min read·
/wa/title-26/chapter-26-26a/26-26a-785·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)Subject to RCW 26.26A.715 (1)(g) and 26.26A.765 (2), if a genetic surrogacy agreement is breached by a woman acting as a genetic surrogate or one or more intended parents, the nonbreaching party is entitled to the remedies available at law or in equity.
(2)Specific performance is not a remedy available for breach by a woman acting as a genetic surrogate of a requirement of a validated or nonvalidated genetic surrogacy agreement that the surrogate be impregnated.
(3)Except as otherwise provided in subsection
(2)of this section, specific performance is a remedy available for:
(a)Breach of a validated genetic surrogacy agreement by a woman acting as a genetic surrogate of a requirement which prevents an intended parent from exercising the full rights of parentage forty-eight hours after the birth of the child; or
(b)Breach by an intended parent which prevents the intended parent's acceptance of duties of parentage forty-eight hours after the birth of the child.
[ 2018 c 6 s 718 .]