Surrogacy Legislation in Washington State

Gestational Surrogacy Legislation Fails in Washington State

Legislation to allow payment to gestational surrogates passed the Washington House of Representatives in February, but failed to pass in the Senate before the legislative session ended. Current state law bans compensation for surrogate mothers. HB 2793 would have allowed women 21 years and older and who had previously given birth to be eligible to enter into paid surrogacy contracts. Additional requirements included obtaining medical coverage for the pregnancy and immediately after birth, passing mental and physical examinations, and signing a written consent form. Prospective parents also would have to meet certain requirements, including a mental health evaluation and an affidavit from a doctor attesting to a medical need for surrogacy. Gay and lesbian couples would have been exempt from the doctor's certification requirement.