S-576                 _______________________________________________

                                                   SENATE BILL NO. 5071

                        _______________________________________________

                                                                            C 404 L 89

State of Washington                               51st Legislature                              1989 Regular Session

By Senators Smith, Craswell and Stratton

Read first time 1/11/89 and referred to Committee on Children & Family Services.

AN ACT Relating to surrogate parenting; adding new sections to chapter 26.26 RCW; prescribing penalties; and declaring an emergency.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1.     As used in sections 1 through 5 of this act:

          (1) "Surrogate carrier" means the female in whom an embryo is implanted in a surrogate gestation procedure.

          (2) "Surrogate gestation" means the implantation in a female of an embryo not genetically related to that female and subsequent gestation of a child by that female.

          (3) "Surrogate mother" means a female, who is not married to the contributor of the sperm, and who is naturally or artificially inseminated and who subsequently gestates a child conceived through the insemination pursuant to a surrogate parentage contract.

          (4) "Surrogate parentage contract" means a contract, agreement, or arrangement in which a female, not married to the contributor of the sperm, agrees to conceive a child through natural or artificial insemination, or in which a female agrees to surrogate gestation and to voluntarily relinquish her parental rights to the child.

NEW SECTION. Sec. 2.     No person, organization, or agency shall enter into, induce, arrange, procure, or otherwise assist in the formation of a surrogate parentage contract, written or unwritten, with or without valuable consideration.

NEW SECTION. Sec. 3.     A surrogate parentage contract, whether executed in the state of Washington or in another jurisdiction, shall be void and unenforceable in the state of Washington as contrary to public policy.

NEW SECTION. Sec. 4.     Any person, organization, or agency violating any provision of this act shall be guilty of a gross misdemeanor.

NEW SECTION. Sec. 5.     If a child is born to a surrogate mother or surrogate carrier pursuant to a surrogate parentage contract, and there is a dispute between the parties concerning custody of the child, the party having physical custody of the child may retain physical custody of the child until the superior court orders otherwise.  The superior court shall award legal custody of the child based upon the factors listed in RCW 26.09.187(3) and 26.09.191.

NEW SECTION. Sec. 6.     Sections 1 through 5 of this act are each added to chapter 26.26 RCW.

NEW SECTION. Sec. 7.     This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately.