2793-S2 AMH SHEA TANG 124

2SHB 2793 - H AMD 1078

By Representative Shea

ADOPTED 2/15/2010

    On page 3, line 30, after "(16)" insert "Identifying information" includes, but is not limited to, the following information of the gamete donor or woman acting as a gestational surrogate:

(a) The first and last name of the person; and

(b) The age of the person at the time of the donation or gestational surrogacy.

(17)"

    Renumber the remaining subsections consecutively and correct any internal references accordingly.

     On page 34, after line 33, insert the following:

    "NEW SECTION. Sec. 53.  A new section is added to chapter 26.26 RCW to read as follows:

    (1) A person who donates gametes to a fertility clinic in Washington to be used in assisted reproduction shall provide, at a minimum, his or her identifying information and medical history to the fertility clinic.  The fertility clinic shall keep the identifying information and medical history of its donors and shall disclose the information as provided under subsection (2) of this section. 

    (2)(a) A child conceived through assisted reproduction who is at least eighteen years old shall be provided, upon his or her request, access to identifying information of the donor who provided gametes for the assisted reproduction that resulted in the birth of the child, unless the donor has signed an affidavit of nondisclosure with the fertility clinic that provided the gamete for assisted reproduction. 

    (b) Regardless of whether the donor signed an affidavit of nondisclosure, a child conceived through assisted reproduction who is at least eighteen years old shall be provided, upon his or her request, access to the nonidentifying medical history of the donor who provided gametes for the assisted reproduction that resulted in the birth of the child."

    Renumber the remaining sections consecutively and correct any internal references accordingly.

    On page 40, line 9, after "child." insert "When filing the certifications, the attorneys shall also include for the court files a summary of medical history information of the woman acting as a gestational surrogate."

    On page 40, after line 35, insert the following:

    "(6) Notwithstanding subsection (5) of this section, a child born under a gestational surrogacy contract who is at least eighteen years old shall be provided, upon his or her request, access to identifying information of the woman acting as a gestational surrogate, unless the woman acting as a gestational surrogate has filed an affidavit of nondisclosure with the court.  Regardless of whether the woman acting as a gestational surrogate has filed an affidavit of nondisclosure, the child shall be provided, upon his or her request, access to nonidentifying medical history of the woman acting as a gestational surrogate."

    Correct the title.

EFFECT:   (1) Allows an adult child conceived through assisted reproduction or a gestational surrogacy contract to have access to identifying information of the donor or woman acting as a gestational surrogate unless the donor or woman filed an affidavit of nondisclosure, and to have access to nonidentifying medical history; (2) Requires fertility clinics to keep identifying information and medical history of its donors; (3) Requires the attorneys in a gestational surrogacy contract to include in the court files medical history information of the woman acting as a gestational surrogate; and (4) Defines identifying information as the person's first and last name and the age of the person at the time of donation or surrogacy.

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