HOUSE BILL REPORT

SSB 5071

As Amended by the House

BYSenate Committee on Children & Family Services (originally sponsored by Senators Smith, Craswell and Stratton)

Regarding surrogate parenting.

House Committe on Health Care

Majority Report:  Do pass with amendments.  (8)

      Signed by Representatives Braddock; Day, Vice Chair; Chandler, Morris, Prentice, D. Sommers, Sprenkle and Wolfe.

Minority Report:  Do not pass. (2)

      Signed by Representatives Brooks, Ranking Republican Member; and Vekich.

House Staff:John Welsh (786-7133)

AS PASSED HOUSE APRIL 13, 1989

BACKGROUND:

Generally, surrogate parenting involves an agreement between a married couple who cannot have a child and a fertile woman who agrees to be artificially inseminated with the sperm of the husband of the couple, to carry the child to term and then surrender all parental rights.  The biological father establishes paternity, and his wife legally adopts the child.  A fee, as well as all necessarily incurred costs, is paid to the surrogate mother.

Married couples experiencing the problem of infertility are turning to surrogate parenting to help create families.  The incidence of surrogate parenting has out-paced the development of law and there are a number of ethical and legal questions concerning the rights and responsibilities of the intended parents, child and surrogate mother and her husband if any.  There are also concerns about the risk of exploitation and coercion which may arise from any commercialization of surrogate parenting.

SUMMARY:

The legislature declares that there are many ethical and legal problems concerning the rights and responsibilities of the parties to a surrogate parentage contract and expresses its concern about the commercialization of surrogate parenting.

A surrogate parentage contract is declared void.

The husband of the woman who bears the child is declared to be the father of the child, unless the husband files an action within two years of conception and the court determines that the husband did not consent to the arrangement.

The donor of the sperm or egg producing the child is declared not to be the parent.

The child conceived under surrogate contract is declared to be the lawful issue of the parents, who have lawful custody of the child.  The child is considered an heir for probate purposes.

The surrogate mother is declared to be the mother of the child, and her husband, if any, is declared to be the father if the husband is a party to the contract.  Otherwise, the paternity of the child is governed by the State Uniform Parentage Act.

No person may enter into or assist in a contract involving a female as a surrogate mother who is an emancipated minor or is diagnosed as having mental illness or developmental disability.  A violation is punishable by a civil penalty of up to $50,000.

No person may enter into or assist a surrogate parentage contract, and a violation is punishable by a civil penalty of up to $20,000.

This law is to be construed consistent with similar laws enacted in other states, and is to be applied prospectively.  It may be cited as the "Uniform Status of Children of Assisted Conception Act."

Fiscal Note:      Available.

Effective Date:The bill contains and emergency clause and takes effect immediately.

House Committee ‑ Testified For:    Linda Smith, State Senator; Marting Powell, National Coalition Against Surrogacy; Caroline Westberg, National Coalition Against Surrogacy and Robert Ward, Seattle-King County Department of Health.

House Committee - Testified Against:      Jerry Sheehan, ACLU; Shelly Cohen, ACLU and Jana Mohr, Northwest Women's Law Center.

House Committee - Testimony For:    Surrogate parenting contracts, which seek to establish an irrevocable decision of child custody before birth, can only result in a significant number of disputed custody claims after the child is born.  The use of surrogate mothers can lead to commercial exploitation of the process of baby procuring, tantamount to the selling of babies which is already against the law.

House Committee - Testimony Against:      The legislation should not rush to judgment on an issue of great complexity and sensitivity.  There are a number of ethical and legal issues to address, and a study should be conducted by the legislature before considering any legal prohibitions.  There is a constitutional right to marriage, procreation and to raise a family.

VOTE ON FINAL PASSAGE:

      Yeas 75; Nays 22; Excused 1

Voting Nay: Representatives Belcher, Brekke, Brooks, Brough, Cooper, G. Fisher, R. Fisher, Haugen, R. King, Leonard, Nealey, Nutley, Phillips, Prentice, Pruitt, Raiter, Rector, Spanel, Vekich, Wang, Wineberry and Mr. Speaker

Excused:    Representative Gallagher