SENATE BILL REPORT

SB 5071

BYSenators Smith, Craswell and Stratton

Regarding surrogate parenting.

Senate Committee on Children & Family Services

Senate Hearing Date(s):January 19, 1989; January 23, 1989

Majority Report:  That Substitute Senate Bill No. 5071 be substituted therefor, and the substitute bill do pass.

      Signed by Senators Smith, Chairman; Craswell, Vice Chairman; Bailey, Stratton, Vognild.

Senate Staff:Jennifer Strus (786-7472)

                  January 23, 1989

AS REPORTED BY COMMITTEE ON CHILDREN & FAMILY SERVICES, JANUARY 23, 1989

BACKGROUND:

The issue of surrogate parentage contracts has received a great deal of public attention in recent years because of the "Baby M" case in New Jersey.  Surrogacy typically involves a well-to-do infertile couple who hires a woman to be artificially inseminated, carry a child to term, then relinquish her parental rights to the child.  Sometimes, the woman and the go-between who match her with the would-be parents are paid $10,000 each.

Concern has been raised that the use of surrogate parentage 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.  In addition, opponents of surrogate parentage contracts believe that these contracts lead to immoral baby selling.

SUMMARY:

Surrogate parentage contracts are prohibited whether or not the surrogate parent is paid and whether or not the contract is in writing.  A surrogate parentage contract executed in another state is unenforceable in the state of Washington.

Any person, organization or agency which enters into or induces another to enter into a surrogate parentage contract is guilty of a gross misdemeanor.

If a child is born to a surrogate mother and a custody dispute ensues, the party having physical custody of the child at the time of the dispute may retain custody of the child until the superior court orders otherwise.

EFFECT OF PROPOSED SUBSTITUTE:

Surrogate parentage contracts are prohibited in which the woman who bears the child receives compensation.  The woman bearing the child may be compensated for pregnancy expenses and actual medical costs.  Attorneys who draft surrogate parentage contracts may be paid for their services.

An unemancipated female minor, or a woman diagnosed as developmentally disabled, mentally retarded or mentally ill may not be a surrogate mother.

Appropriation:    none

Revenue:    none

Fiscal Note:      available

Senate Committee - Testified: Dr. Dianne Smith, Fertility Clinic of Puget Sound (con); Martin Powell and Carolyn Westberg, National Coalition Against Surrogacy (pro); Jerry Sheehan, ACLU (con); Dawn McColley, Crisis Pregnancy Clinic (pro); Dr. Joseph Robinette, Fertility Clinic of Puget Sound (con); Mary Jo Kahler, Human Life of Washington (pro); Sally Anderson (con); Nancy Roberts (con); Sverre Staurset, attorney (con)