SENATE BILL REPORT

SSB 5071

BYSenate Committee on Children & Family Services (originally sponsored by Senators Smith, Craswell and Stratton)

Regarding surrogate parenting.

Senate Committee on Children & Family Services

Senate Hearing Date(s):January 19, 1989; January 23, 1989

Majority Report:  That Substitute Senate Bill No. 5071 be substituted therefor, and the substitute bill do pass.

      Signed by Senators Smith, Chairman; Craswell, Vice Chairman; Bailey, Stratton, Vognild.

Senate Staff:Jennifer Strus (786-7472)

                  April 14, 1989

House Committe on Health Care

AS PASSED SENATE, MARCH 8, 1989

BACKGROUND:

The issue of surrogate parentage contracts has received a great deal of public attention in recent years because of the "Baby M" case in New Jersey.  Surrogacy typically involves a well-to-do infertile couple who hires a woman to be artificially inseminated, carry a child to term, then relinquish her parental rights to the child.  Sometimes, the woman and the go-between who match her with the would-be parents are paid $10,000 each.

Concern has been raised that the use of surrogate parentage contracts which seek to establish an irrevocable decision of child custody before birth can only result in a significant number of disputed custody claims after the child is born.  In addition, opponents of surrogate parentage contracts believe that these contracts lead to immoral baby selling.

SUMMARY:

Surrogate parentage contracts are prohibited in which the woman who bears the child receives compensation.  The woman bearing the child may be compensated for pregnancy expenses and actual medical costs.  Attorneys who draft surrogate parentage contracts may be paid for their services.

An unemancipated female minor, or a woman diagnosed as developmentally disabled, mentally retarded or mentally ill may not be a surrogate mother.

If a child is born to a surrogate mother and a custody dispute ensues, the party having physical custody of the child at the time of the dispute may retain custody of the child until the superior court orders otherwise.

Any person, organization or agency which enters into or induces another to enter into a surrogate parentage contract is guilty of a gross misdemeanor.

Appropriation:    none

Revenue:    none

Fiscal Note:      available

Senate Committee - Testified: Dr. Dianne Smith, Fertility Clinic of Puget Sound (con); Martin Powell and Carolyn Westberg, National Coalition Against Surrogacy (pro); Jerry Sheehan, ACLU (con); Dawn McColley, Crisis Pregnancy Clinic (pro); Dr. Joseph Robinette, Fertility Clinic of Puget Sound (con); Mary Jo Kahler, Human Life of Washington (pro); Sally Anderson (con); Nancy Roberts (con); Sverre Staurset, attorney (con)

HOUSE AMENDMENTS:

Any agreement in which a woman agrees to be a surrogate or to relinquish her parental rights to the child she bears which was conceived through assisted conception is void.  Assisted conception is defined to include conception by means other than sexual intercourse or by the removal and implantation of an embryo after sexual intercourse.

No person, organization or agency shall with or without compensation induce, arrange, procure, enter into or otherwise assist in the formation of a surrogate parentage contract whether or not the contract is in writing.

The surrogate mother is the legal mother and the surrogate mother's husband, if any, is the father of the child but only if he was a party to the agreement.  If the surrogate's husband was not a party to the agreement or the surrogate is unmarried, then paternity of the child is governed by the uniform parentage act.

The husband of the surrogate mother is the father of the child even if the parties' marriage is later annulled unless within two years of the child's birth, he brings an action which includes the surrogate mother and the child and the court ultimately determines that he did not consent to the assisted conception.

The donor of the sperm is not the father of the child conceived through assisted conception.

Any person who induces, arranges, procures, enters into or otherwise assists in the formation of a surrogate parenting contract in which the surrogate mother is a person diagnosed as having a mental illness or developmental disability is subject to a civil penalty of up to $50,000.  Any person who induces, procures, arranges, enters into or otherwise assists in the formation of a surrogate parentage contract with a woman not diagnosed as mentally ill or developmentally disabled is subject to a civil penalty of up to $20,000.

The probate statute is amended to include children who are the subject of a surrogate parentage contract within the definition of "issue."