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SUBSTITUTE
SENATE BILL 5433
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Passed
Legislature - 2002 Regular Session
State
of Washington 57th Legislature 2001 Regular Session
By
READ
FIRST TIME 02/16/01.
Providing for establishment of parent and child
relationship for children born through assisted conception. Revised for 1st
Substitute: Providing for establishment of parent and child relationship for
children born through alternative reproductive medical technology.
AN
ACT Relating to establishment of parent and child relationship for children
born through alternative reproductive medical technology; and amending RCW
26.26.030 and 26.26.050.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
26.26.030 and 1985 c 7 s 86 are each amended to read as follows:
The
parent and child relationship between a child and
(1)
the natural mother may be established by proof of her having given birth to the
child, or under this chapter;
(2)
the natural father may be established under this chapter;
(3)
an adoptive parent may be established by proof of adoption or under the provisions
of chapter 26.33 RCW;
(4)
a mother or father may be established under this chapter by an affidavit and
physician's certificate in a form prescribed by the department of health
wherein the sperm donor, donor of ovum, or surrogate gestation carrier sets
forth his or her intent to be legally bound as the parent of a child or
children born through alternative reproductive medical technology by filing the
affidavit and physician's certificate with the registrar of vital statistics
within ten days after the date of the child's birth pursuant to RCW 26.26.050.
Sec.
2. RCW
26.26.050 and 1975-'76 2nd ex.s. c 42 s 6 are each amended to read as follows:
(1)
If, under the supervision of a licensed physician and with the consent of her
husband, a wife is inseminated artificially with semen donated by a man not her
husband, the husband is treated in law as if he were the natural father of a
child thereby conceived. The husband's consent must be in writing and signed
by him and his wife. The physician shall certify their signatures and the date
of the insemination, and file the husband's consent with the registrar of vital
statistics, where it shall be kept confidential and in a sealed file.
(2)
The donor of semen provided to a licensed physician for use in artificial
insemination of a woman other than the donor's wife is treated in law as if he
were not the natural father of a child thereby conceived unless the donor and
the woman agree in writing that said donor shall be the father. The agreement
must be in writing and signed by the donor and the woman. The physician shall
certify their signatures and the date of the insemination and file the
agreement, including the affidavit and certification referenced in RCW
26.26.030, with the registrar of vital statistics, where it shall be kept
confidential and in a sealed file.
(3)
The donor of ovum provided to a licensed physician for use in the
alternative reproductive medical technology process of attempting to achieve a
pregnancy in a woman other than the donor is treated in law as if she were not
the natural mother of a child thereafter conceived and born unless the donor
and the woman who gives birth to a child as a result of the alternative
reproductive medical technology procedures agree in writing that the donor is
to be a parent. A woman who gives birth to a child conceived through
alternative reproductive medical technology procedures under the supervision
and with the assistance of a licensed physician is treated in law as if she
were the natural mother of the child unless an agreement in writing signed by
an ovum donor and the woman giving birth to the child states otherwise. An
agreement pursuant to this section must be in writing and signed by the ovum
donor and the woman who gives birth to the child and any other intended parent
of the child. The physician shall certify the parties' signatures and the date
of the ovum harvest, identify the subsequent medical procedures undertaken, and
identify the intended parents. The agreement, including the affidavit and
certification referenced in RCW 26.26.030, must be filed with the registrar of
vital statistics, where it must be kept confidential and in a sealed file.
(4)
The department of health shall, upon request, issue a birth certificate for any
child born as a result of an alternative reproductive medical technology
procedure indicating the legal parentage of such child as intended by any
agreement filed with the registrar of vital statistics pursuant to subsection
(1), (2), or (3) of this section.
(5)
The failure of the licensed physician to perform any administrative act
required by this section shall not affect the father and child or mother and
child relationship. All papers and records pertaining to the ((insemination))
alternative reproductive medical technology procedures, whether part of
the permanent record of a court or of a file held by the supervising physician
or elsewhere, are subject to inspection only in exceptional cases upon an order
of the court for good cause shown.
Passed the Senate January 30, 2002.
Passed the House March 5, 2002.
Approved by the Governor
March 12, 2002.
Filed
in Office of Secretary of State March 12, 2002.
