Gestational surrogacy agreement — Parentage.
RCW 26.26A.740
in effect(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.
(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.
Source: WA Statutes (Official Site)URL: https://app.leg.wa.gov/RCW/default.aspx?cite=26.26A&full=trueFetched: 6/29/2026