S‑0631.2   _____________________________________________

 

SENATE BILL 5433

 

           _____________________________________________

 

State of Washington      57th Legislature     2001 Regular Session

 

By Senators Regala, Winsley and Thibaudeau

 

Read first time 01/23/2001.  Referred to Committee on Health & Long‑Term Care.

_1      AN ACT Relating to establishment of parent and child

_2  relationship for children born through assisted conception; and

_3  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 by an affidavit

14  wherein the sperm donor, egg donor, or surrogate gestation carrier

15  sets forth his or her intent to be legally bound as the parent of

16  a child or children born through assisted conception by filing the

17  affidavit with the registrar of vital statistics within ten days

18  of the date of the child's birth.

 

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_1     

_2     Sec. 2.  RCW 26.26.050 and 1975-'76 2nd ex.s. c 42 s 6 are each

_3  amended to read as follows:

_4      (1) If, under the supervision of a licensed physician and with

_5  the consent of her husband, a wife is inseminated artificially

_6  with semen donated by a man not her husband, the husband is

_7  treated in law as if he were the natural father of a child thereby

_8  conceived.  The husband's consent must be in writing and signed by

_9  him and his wife.  The physician shall certify their signatures and

10  the date of the insemination, and file the husband's consent with

11  the registrar of vital statistics, where it shall be kept

12  confidential and in a sealed file.

13      (2) The donor of semen provided to a licensed physician for use

14  in artificial insemination of a woman other than the donor's wife

15  is treated in law as if he were not the natural father of a child

16  thereby conceived unless the donor and the woman agree in writing

17  that said donor shall be the father.  The agreement must be in

18  writing and signed by the donor and the woman.  The physician shall

19  certify their signatures and the date of the insemination and file

20  the agreement with the registrar of vital statistics, where it

21  shall be kept confidential and in a sealed file.

22      (3) The donor of ovum provided to a licensed physician or

23  medical clinic for use in the alternative reproductive medical

24  technology process of attempting to achieve a pregnancy in a woman

25  other than the donor is treated in law as if she were not the

26  natural mother of a child thereafter conceived and born unless the

27  donor and the woman who gives birth to a child as a result of the

28  alternative reproductive medical technology procedures agree in

29  writing that the donor is to be a parent.  A woman who gives birth

30  to a child conceived through alternative reproductive medical

31  technology procedures under the supervision and with the

32  assistance of a licensed physician or medical clinic is treated in

33  law as if she were the natural mother of the child unless an

34  agreement in writing signed by an ovum donor and the woman giving

35  birth to the child states otherwise.  An agreement pursuant to this

36  section must be in writing and signed by the ovum donor and the

37  woman who gives birth to the child and any other intended parent

38  of the child.  The physician shall certify the parties' signatures

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_1  and the date of the ovum harvest, outline the subsequent medical

_2  procedures undertaken, and identify the intended parents.  The

_3  agreement must be filed with the registrar of vital statistics,

_4  where it must be kept confidential and in a sealed file.

_5      (4) The department of health shall, upon request, issue a birth

_6  certificate for any child born as a result of an alternative

_7  reproductive medical technology procedure indicating the legal

_8  parentage of such child as intended by any agreement filed with

_9  the registrar of vital statistics pursuant to subsection (2) or

10  (3) of this section.

11      (5) The failure of the licensed physician or medical clinic to

12  perform any administrative act required by this section shall not

13  affect the father and child or mother and child relationship.  All

14  papers and records pertaining to the insemination, whether part of

15  the permanent record of a court or of a file held by the

16  supervising physician or elsewhere, are subject to inspection only

17  in exceptional cases upon an order of the court for good cause

18  shown.

 

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