_____________________________________________
SUBSTITUTE
SENATE BILL 5433
_____________________________________________
Passed
Legislature - 2002 Regular Session
State of Washington 57th
Legislature 2001 Regular Session
By
READ FIRST TIME 02/16/01.
Providing
for establishment of parent and child relationship for children born through
assisted conception. Revised for 1st Substitute: Providing for establishment
of parent and child relationship for children born through alternative
reproductive medical technology.
AN
ACT Relating to establishment of parent and child relationship for children
born through alternative reproductive medical technology; and amending RCW
26.26.030 and 26.26.050.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
26.26.030 and 1985 c 7 s 86 are each amended to read as follows:
The
parent and child relationship between a child and
(1)
the natural mother may be established by proof of her having given birth to the
child, or under this chapter;
(2)
the natural father may be established under this chapter;
(3)
an adoptive parent may be established by proof of adoption or under the
provisions of chapter 26.33 RCW;
(4)
a mother or father may be established under this chapter by an affidavit and
physician's certificate in a form prescribed by the department of health
wherein the sperm donor, donor of ovum, or surrogate gestation carrier sets
forth his or her intent to be legally bound as the parent of a child or
children born through alternative reproductive medical technology by filing the
affidavit and physician's certificate with the registrar of vital statistics
within ten days after the date of the child's birth pursuant to RCW 26.26.050.
Sec.
2. RCW
26.26.050 and 1975-'76 2nd ex.s. c 42 s 6 are each amended to read as follows:
(1)
If, under the supervision of a licensed physician and with the consent of her
husband, a wife is inseminated artificially with semen donated by a man not her
husband, the husband is treated in law as if he were the natural father of a
child thereby conceived. The husband's consent must be in writing and signed
by him and his wife. The physician shall certify their signatures and the date
of the insemination, and file the husband's consent with the registrar of vital
statistics, where it shall be kept confidential and in a sealed file.
(2)
The donor of semen provided to a licensed physician for use in artificial insemination
of a woman other than the donor's wife is treated in law as if he were not the
natural father of a child thereby conceived unless the donor and the woman
agree in writing that said donor shall be the father. The agreement must be in
writing and signed by the donor and the woman. The physician shall certify
their signatures and the date of the insemination and file the agreement,
including the affidavit and certification referenced in RCW 26.26.030, with
the registrar of vital statistics, where it shall be kept confidential and in a
sealed file.
(3)
The donor of ovum provided to a licensed physician for use in the
alternative reproductive medical technology process of attempting to achieve a
pregnancy in a woman other than the donor is treated in law as if she were not
the natural mother of a child thereafter conceived and born unless the donor
and the woman who gives birth to a child as a result of the alternative
reproductive medical technology procedures agree in writing that the donor is to
be a parent. A woman who gives birth to a child conceived through alternative
reproductive medical technology procedures under the supervision and with the
assistance of a licensed physician is treated in law as if she were the natural
mother of the child unless an agreement in writing signed by an ovum donor and
the woman giving birth to the child states otherwise. An agreement pursuant to
this section must be in writing and signed by the ovum donor and the woman who
gives birth to the child and any other intended parent of the child. The
physician shall certify the parties' signatures and the date of the ovum
harvest, identify the subsequent medical procedures undertaken, and identify
the intended parents. The agreement, including the affidavit and certification
referenced in RCW 26.26.030, must be filed with the registrar of vital
statistics, where it must be kept confidential and in a sealed file.
(4)
The department of health shall, upon request, issue a birth certificate for any
child born as a result of an alternative reproductive medical technology
procedure indicating the legal parentage of such child as intended by any
agreement filed with the registrar of vital statistics pursuant to subsection
(1), (2), or (3) of this section.
(5) The failure of the licensed physician to perform any
administrative act required by this section shall not affect the father and
child or mother and child relationship. All papers and records
pertaining to the ((insemination)) alternative reproductive medical
technology procedures, whether part of the permanent record of a court or
of a file held by the supervising physician or elsewhere, are subject to
inspection only in exceptional cases upon an order of the court for good cause
shown.
