S‑1031.4 _____________________________________________
SUBSTITUTE SENATE BILL 5433
_____________________________________________
State of Washington 57th Legislature 2001 Regular Session
By Senate Committee on Health & Long‑Term Care (originally sponsored by Senators Regala, Winsley and Thibaudeau)
READ FIRST TIME 02/16/01.
_1 AN ACT Relating to establishment of parent and child
_2 relationship for children born through alternative reproductive
_3 medical technology; and amending RCW 26.26.030 and 26.26.050.
_4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
_5 Sec. 1. RCW 26.26.030 and 1985 c 7 s 86 are each amended to read
_6 as follows:
_7 The parent and child relationship between a child and
_8 (1) the natural mother may be established by proof of her
_9 having given birth to the child, or under this chapter;
10 (2) the natural father may be established under this chapter;
11 (3) an adoptive parent may be established by proof of adoption
12 or under the provisions of chapter 26.33 RCW;
13 (4) a mother or father may be established under this chapter by
14 an affidavit and physician's certificate in a form prescribed by
15 the department of health wherein the sperm donor, donor of ovum,
16 or surrogate gestation carrier sets forth his or her intent to be
17 legally bound as the parent of a child or children born through
18 alternative reproductive medical technology by filing the
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_1 affidavit and physician's certificate with the registrar of vital
_2 statistics within ten days after the date of the child's birth
_3 pursuant to RCW 26.26.050.
_4 Sec. 2. RCW 26.26.050 and 1975-'76 2nd ex.s. c 42 s 6 are each
_5 amended to read as follows:
_6 (1) If, under the supervision of a licensed physician and with
_7 the consent of her husband, a wife is inseminated artificially
_8 with semen donated by a man not her husband, the husband is
_9 treated in law as if he were the natural father of a child thereby
10 conceived. The husband's consent must be in writing and signed by
11 him and his wife. The physician shall certify their signatures and
12 the date of the insemination, and file the husband's consent with
13 the registrar of vital statistics, where it shall be kept
14 confidential and in a sealed file.
15 (2) The donor of semen provided to a licensed physician for use
16 in artificial insemination of a woman other than the donor's wife
17 is treated in law as if he were not the natural father of a child
18 thereby conceived unless the donor and the woman agree in writing
19 that said donor shall be the father. The agreement must be in
20 writing and signed by the donor and the woman. The physician shall
21 certify their signatures and the date of the insemination and file
22 the agreement, including the affidavit and certification
23 referenced in RCW 26.26.030, with the registrar of vital
24 statistics, where it shall be kept confidential and in a sealed
25 file.
26 (3) The donor of ovum provided to a licensed physician for use
27 in the alternative reproductive medical technology process of
28 attempting to achieve a pregnancy in a woman other than the donor
29 is treated in law as if she were not the natural mother of a child
30 thereafter conceived and born unless the donor and the woman who
31 gives birth to a child as a result of the alternative reproductive
32 medical technology procedures agree in writing that the donor is
33 to be a parent. A woman who gives birth to a child conceived
34 through alternative reproductive medical technology procedures
35 under the supervision and with the assistance of a licensed
36 physician is treated in law as if she were the natural mother of
37 the child unless an agreement in writing signed by an ovum donor
SSB 5433 p. 2
_1 and the woman giving birth to the child states otherwise. An
_2 agreement pursuant to this section must be in writing and signed
_3 by the ovum donor and the woman who gives birth to the child and
_4 any other intended parent of the child. The physician shall certify
_5 the parties' signatures and the date of the ovum harvest, identify
_6 the subsequent medical procedures undertaken, and identify the
_7 intended parents. The agreement, including the affidavit and
_8 certification referenced in RCW 26.26.030, must be filed with the
_9 registrar of vital statistics, where it must be kept confidential
10 and in a sealed file.
11 (4) The department of health shall, upon request, issue a birth
12 certificate for any child born as a result of an alternative
13 reproductive medical technology procedure indicating the legal
14 parentage of such child as intended by any agreement filed with
15 the registrar of vital statistics pursuant to subsection (1), (2),
16 or (3) of this section.
17 (5) The failure of the licensed physician to perform any
18 administrative act required by this section shall not affect the
19 father and child or mother and child relationship. All papers and
20 records pertaining to the ((insemination)) alternative
21 reproductive medical technology procedures, whether part of the
22 permanent record of a court or of a file held by the supervising
23 physician or elsewhere, are subject to inspection only in
24 exceptional cases upon an order of the court for good cause shown.
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