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

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_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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