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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