AN ACT Relating to the uniform parentage act; adding a new chapter to Title 19 RCW; adding a new chapter to Title 26 RCW; repealing RCW 26.26.011, 26.26.021, 26.26.031, 26.26.041, 26.26.051, 26.26.101, 26.26.106, 26.26.111, 26.26.116, 26.26.210, 26.26.220, 26.26.230, 26.26.240, 26.26.250, 26.26.260, 26.26.300, 26.26.305, 26.26.310, 26.26.315, 26.26.320, 26.26.325, 26.26.330, 26.26.335, 26.26.340, 26.26.345, 26.26.350, 26.26.355, 26.26.360, 26.26.365, 26.26.370, 26.26.375, 26.26.400, 26.26.405, 26.26.410, 26.26.415, 26.26.420, 26.26.425, 26.26.430, 26.26.435, 26.26.440, 26.26.445, 26.26.450, 26.26.500, 26.26.505, 26.26.510, 26.26.515, 26.26.520, 26.26.525, 26.26.530, 26.26.535, 26.26.540, 26.26.545, 26.26.550, 26.26.555, 26.26.570, 26.26.575, 26.26.585, 26.26.590, 26.26.600, 26.26.605, 26.26.610, 26.26.615, 26.26.620, 26.26.625, 26.26.630, 26.26.700, 26.26.705, 26.26.710, 26.26.715, 26.26.720, 26.26.725, 26.26.730, 26.26.735, 26.26.740, 26.26.750, 26.26.760, 26.26.903, 26.26.904, 26.26.911, and 26.26.914; providing an effective date; and prescribing penalties.

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

SUBCHAPTER 1

GENERAL PROVISIONS

(1) "Acknowledged parent" means an individual who has established a parent-child relationship under sections 301 through 314 of this act.

(2) "Adjudicated parent" means an individual who has been adjudicated to be a parent of a child by a court with jurisdiction.

(3) "Alleged genetic parent" means an individual who is alleged to be, or alleges that the individual is, a genetic parent or possible genetic parent of a child whose parentage has not been adjudicated. The term includes an alleged genetic father and alleged genetic mother. The term does not include:

(a) A presumed parent;

(b) An individual whose parental rights have been terminated or declared not to exist; or

(c) A donor.

(4) "Assisted reproduction" means a method of causing pregnancy other than sexual intercourse. The term includes:

(a) Intrauterine or intracervical insemination;

(b) Donation of gametes;

(c) Donation of embryos;

(d) In-vitro fertilization and transfer of embryos; and

(e) Intracytoplasmic sperm injection.

(5) "Birth record" means a report of birth that has been registered by the state registrar of vital statistics.

(6) "Child" means an individual of any age whose parentage may be determined under this chapter.

(7) "Child-support agency" means a government entity, public official, or private agency, authorized to provide parentage-establishment services under Title IV-D of the social security act, 42 U.S.C. Secs. 651 through 669.

(8) "Determination of parentage" means establishment of a parent-child relationship by a judicial proceeding or signing of a valid acknowledgment of parentage under sections 301 through 314 of this act.

(9) "Donor" means an individual who provides gametes intended for use in assisted reproduction, whether or not for consideration. The term does not include:

(a) A woman who gives birth to a child conceived by assisted reproduction, except as otherwise provided in sections 701 through 718 of this act; or

(b) A parent under sections 601 through 608 of this act or an intended parent under sections 701 through 718 of this act.

(10) "Gamete" means sperm, egg, or any part of a sperm or egg.

(11) "Genetic testing" means an analysis of genetic markers to identify or exclude a genetic relationship.

(12) "Individual" means a natural person of any age.

(13) "Intended parent" means an individual, married or unmarried, who manifests an intent to be legally bound as a parent of a child conceived by assisted reproduction.

(14) "Man" means a male individual of any age.

(15) "Parent" means an individual who has established a parent-child relationship under section 201 of this act.

(16) "Parentage" or "parent-child relationship" means the legal relationship between a child and a parent of the child.

(17) "Presumed parent" means an individual who under section 204 of this act is presumed to be a parent of a child, unless the presumption is overcome in a judicial proceeding, a valid denial of parentage is made under sections 301 through 314 of this act, or a court adjudicates the individual to be a parent.

(18) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

(19) "Sign" means, with present intent to authenticate or adopt a record:

(a) To execute or adopt a tangible symbol; or

(b) To attach to or logically associate with the record an electronic symbol, sound, or process.

(20) "Signatory" means an individual who signs a record.

(21) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession under the jurisdiction of the United States. The term includes a federally recognized Indian tribe.

(22) "Transfer" means a procedure for assisted reproduction by which an embryo or sperm is placed in the body of the woman who will give birth to the child.

(23) "Witnessed" means that at least one individual who is authorized to sign has signed a record to verify that the individual personally observed a signatory sign the record.

(24) "Woman" means a female individual of any age.

(2) This chapter does not create, affect, enlarge, or diminish parental rights or duties under law of this state other than this chapter.

(1) The place of birth of the child; or

(2) The past or present residence of the child.

SUBCHAPTER 2

PARENT-CHILD RELATIONSHIP

(1) The individual gives birth to the child, except as otherwise provided in sections 701 through 718 of this act;

(2) There is a presumption under section 204 of this act of the individual's parentage of the child, unless the presumption is overcome in a judicial proceeding or a valid denial of parentage is made under sections 301 through 314 of this act;

(3) The individual is adjudicated a parent of the child under sections 501 through 523 of this act;

(4) The individual adopts the child;

(5) The individual acknowledges parentage of the child under sections 301 through 314 of this act, unless the acknowledgment is rescinded under section 308 of this act or successfully challenged under sections 301 through 314 or 501 through 523 of this act;

(6) The individual's parentage of the child is established under sections 601 through 608 of this act; or

(7) The individual's parentage of the child is established under sections 702 through 707.

(a) Except as otherwise provided under sections 701 through 718 of this act, or law of this state other than this chapter:

(i) The individual and the woman who gave birth to the child are married to or in a state registered domestic partnership with each other and the child is born during the marriage or partnership, whether the marriage or partnership is or could be declared invalid;

(ii) The individual and the woman who gave birth to the child were married to or in a state registered domestic partnership with each other and the child is born not later than three hundred days after the marriage or partnership is terminated by death, dissolution, annulment, declaration of invalidity, or legal separation, whether the marriage or partnership is or could be declared invalid; or

(iii) The individual and the woman who gave birth to the child married or entered into a state registered domestic partnership with each other after the birth of the child, whether the marriage or partnership is or could be declared invalid, the individual at any time asserted parentage of the child, and:

(A) The assertion is in a record filed with the state registrar of vital statistics; or

(B) The individual agreed to be and is named as a parent of the child on the birth record of the child; or

(b) The individual resided in the same household with the child for the first four years of the life of the child, including any period of temporary absence, and openly held out the child as the individual's child.

(2) A presumption of parentage under this section may be overcome, and competing claims to parentage may be resolved, only by an adjudication under sections 501 through 523 of this act, or a valid denial of parentage under sections 301 through 314 of this act.

SUBCHAPTER 3

VOLUNTARY ACKNOWLEDGMENT OF PARENTAGE

(a) Be in a record signed by the woman who gave birth to the child and by the individual seeking to establish a parent-child relationship, and the signatures must be attested by a notarial officer or witnessed;

(b) State that the child whose parentage is being acknowledged:

(i) Does not have a presumed parent other than the individual seeking to establish the parent-child relationship or has a presumed parent whose full name is stated; and

(ii) Does not have another acknowledged parent, adjudicated parent, or individual who is a parent of the child under sections 601 through 608 and 701 through 718 of this act, other than the woman who gave birth to the child; and

(c) State that the signatories understand that the acknowledgment is the equivalent of an adjudication of parentage of the child and that a challenge to the acknowledgment is permitted only under limited circumstances and is barred four years after the effective date of the acknowledgment.

(2) An acknowledgment of parentage is void if, at the time of signing:

(a) An individual other than the individual seeking to establish parentage is a presumed parent, unless a denial of parentage by the presumed parent in a signed record is filed with the state registrar of vital statistics; or

(b) An individual, other than the woman who gave birth to the child or the individual seeking to establish parentage, is an acknowledged or adjudicated parent or a parent under sections 601 through 608 and 701 through 718 of this act.

(1) An acknowledgment of parentage by another individual is filed under section 305 of this act;

(2) The signature of the presumed parent or alleged genetic parent is attested by a notarial officer or witnessed; and

(3) The presumed parent or alleged genetic parent has not previously:

(a) Completed a valid acknowledgment of parentage, unless the previous acknowledgment was rescinded under section 308 of this act or challenged successfully under section 309 of this act; or

(b) Been adjudicated to be a parent of the child.

(2) An acknowledgment of parentage or denial of parentage may be signed before or after the birth of the child.

(3) Subject to subsection (1) of this section, an acknowledgment of parentage or denial of parentage takes effect on the birth of the child or filing of the document with the state registrar of vital statistics, whichever occurs later.

(4) An acknowledgment of parentage or denial of parentage signed by a minor is valid if the acknowledgment complies with this chapter.

(2) Except as otherwise provided in sections 308 and 309 of this act, a denial of parentage by a presumed parent or alleged genetic parent which complies with sections 301 through 314 of this act and is filed with the state registrar of vital statistics with an acknowledgment of parentage that complies with sections 301 through 314 of this act is equivalent to an adjudication of the nonparentage of the presumed parent or alleged genetic parent and discharges the presumed parent or alleged genetic parent from all rights and duties of a parent.

(a) Sixty days after the effective date under section 304 of this act of the acknowledgment or denial; or

(b) The date of the first hearing before a court in a proceeding, to which the signatory is a party, to adjudicate an issue relating to the child, including a proceeding that establishes support.

(2) If an acknowledgment of parentage is rescinded under subsection (1) of this section, an associated denial of parentage is invalid, and the state registrar of vital statistics shall notify the woman who gave birth to the child and the individual who signed a denial of parentage of the child that the acknowledgment has been rescinded. Failure to give the notice required by this subsection does not affect the validity of the rescission.

(2) A challenge to an acknowledgment of parentage or denial of parentage by an individual who was not a signatory to the acknowledgment or denial is governed by section 510 of this act.

(2) By signing an acknowledgment of parentage or denial of parentage, a signatory submits to personal jurisdiction in this state in a proceeding to challenge the acknowledgment or denial, effective on the filing of the acknowledgment or denial with the state registrar of vital statistics.

(3) The court may not suspend the legal responsibilities arising from an acknowledgment of parentage, including the duty to pay child support, during the pendency of a proceeding to challenge the acknowledgment or a related denial of parentage, unless the party challenging the acknowledgment or denial shows good cause.

(4) A party challenging an acknowledgment of parentage or denial of parentage has the burden of proof.

(5) If the court determines that a party has satisfied the burden of proof under subsection (4) of this section, the court shall order the state registrar of vital statistics to amend the birth record of the child to reflect the legal parentage of the child.

(6) A proceeding to challenge an acknowledgment of parentage or denial of parentage must be conducted under sections 501 through 523 of this act.

(2) A valid acknowledgment of parentage or denial of parentage is not affected by a later modification of the form under subsection (1) of this section.

SUBCHAPTER 4

GENETIC TESTING

(1) "Combined relationship index" means the product of all tested relationship indices.

(2) "Ethnic or racial group" means, for the purpose of genetic testing, a recognized group that an individual identifies as the individual's ancestry or part of the ancestry or that is identified by other information.

(3) "Hypothesized genetic relationship" means an asserted genetic relationship between an individual and a child.

(4) "Probability of parentage" means, for the ethnic or racial group to which an individual alleged to be a parent belongs, the probability that a hypothesized genetic relationship is supported, compared to the probability that a genetic relationship is supported between the child and a random individual of the ethnic or racial group used in the hypothesized genetic relationship, expressed as a percentage incorporating the combined relationship index and a prior probability.

(5) "Relationship index" means a likelihood ratio that compares the probability of a genetic marker given a hypothesized genetic relationship and the probability of the genetic marker given a genetic relationship between the child and a random individual of the ethnic or racial group used in the hypothesized genetic relationship.

(a) Voluntarily submits to testing; or

(b) Is tested under an order of the court or a child support agency.

(2) Genetic testing may not be used:

(a) To challenge the parentage of an individual who is a parent under sections 601 through 608 and 701 through 718 of this act; or

(b) To establish the parentage of an individual who is a donor.

(a) Alleging a reasonable possibility that the individual is the child's genetic parent; or

(b) Denying genetic parentage of the child and stating facts establishing a reasonable possibility that the individual is not a genetic parent.

(2) A child support agency may order genetic testing only if there is no presumed, acknowledged, or adjudicated parent of a child other than the woman who gave birth to the child.

(3) The court or child support agency may not order in utero genetic testing.

(4) If two or more individuals are subject to court-ordered genetic testing, the court may order that testing be completed concurrently or sequentially.

(5) Genetic testing of a woman who gave birth to a child is not a condition precedent to testing of the child and an individual whose genetic parentage of the child is being determined. If the woman is unavailable or declines to submit to genetic testing, the court may order genetic testing of the child and each individual whose genetic parentage of the child is being adjudicated.

(6) In a proceeding to adjudicate the parentage of a child having a presumed parent or an individual who claims to be a parent under section 509 of this act, or to challenge an acknowledgment of parentage, the court may deny a motion for genetic testing of the child and any other individual after considering the factors in section 513 (1) and (2) of this act.

(7) If an individual requesting genetic testing is barred under sections 501 through 523 of this act from establishing the individual's parentage, the court shall deny the request for genetic testing.

(8) An order under this section for genetic testing is enforceable by contempt.

(a) The AABB, formerly known as the American association of blood banks, or a successor to its functions; or

(b) An accrediting body designated by the secretary of the United States department of health and human services.

(2) A specimen used in genetic testing may consist of a sample or a combination of samples of blood, buccal cells, bone, hair, or other body tissue or fluid. The specimen used in the testing need not be of the same kind for each individual undergoing genetic testing.

(3) Based on the ethnic or racial group of an individual undergoing genetic testing, a testing laboratory shall determine the databases from which to select frequencies for use in calculating a relationship index. If an individual or a child support agency objects to the laboratory's choice, the following rules apply:

(a) Not later than thirty days after receipt of the report of the test, the objecting individual or child support agency may request the court to require the laboratory to recalculate the relationship index using an ethnic or racial group different from that used by the laboratory.

(b) The individual or the child support agency objecting to the laboratory's choice under this subsection shall:

(i) If the requested frequencies are not available to the laboratory for the ethnic or racial group requested, provide the requested frequencies compiled in a manner recognized by accrediting bodies; or

(ii) Engage another laboratory to perform the calculations.

(c) The laboratory may use its own statistical estimate if there is a question which ethnic or racial group is appropriate. The laboratory shall calculate the frequencies using statistics, if available, for any other ethnic or racial group requested.

(4) If, after recalculation of the relationship index under subsection (3) of this section using a different ethnic or racial group, genetic testing under section 406 of this act does not identify an individual as a genetic parent of a child, the court may require an individual who has been tested to submit to additional genetic testing to identify a genetic parent.

(2) Documentation from a testing laboratory of the following information is sufficient to establish a reliable chain of custody and allow the results of genetic testing to be admissible without testimony:

(a) The name and photograph of each individual whose specimen has been taken;

(b) The name of the individual who collected each specimen;

(c) The place and date each specimen was collected;

(d) The name of the individual who received each specimen in the testing laboratory; and

(e) The date each specimen was received.

(a) The individual has at least a ninety-nine percent probability of parentage, using a prior probability of 0.50, as calculated by using the combined relationship index obtained in the testing; and

(b) A combined relationship index of at least one hundred to one.

(2) An individual identified under subsection (1) of this section as a genetic parent of the child may challenge the genetic testing results only by other genetic testing satisfying the requirements of sections 401 through 412 of this act which:

(a) Excludes the individual as a genetic parent of the child; or

(b) Identifies another individual as a possible genetic parent of the child other than:

(i) The woman who gave birth to the child; or

(ii) The individual identified under subsection (1) of this section.

(3) Except as otherwise provided in section 411 of this act, if more than one individual other than the woman who gave birth is identified by genetic testing as a possible genetic parent of the child, the court shall order each individual to submit to further genetic testing to identify a genetic parent.

(a) By a child support agency in a proceeding in which the child support agency is providing services;

(b) By the individual who made the request for genetic testing;

(c) As agreed by the parties; or

(d) As ordered by the court.

(2) If the cost of genetic testing is paid by a child support agency, the agency may seek reimbursement from the genetic parent whose parent-child relationship is established.

(a) A parent of the alleged genetic parent;

(b) A sibling of the alleged genetic parent;

(c) Another child of the alleged genetic parent and the woman who gave birth to the other child; and

(d) Another relative of the alleged genetic parent necessary to complete genetic testing.

(2) To issue an order under this section, the court must find that a need for genetic testing outweighs the legitimate interests of the individual sought to be tested.

(2) If more than one sibling is identified under section 406 of this act as a genetic parent of the child, the court may rely on nongenetic evidence to adjudicate which sibling is a genetic parent of the child.

(2) An individual who intentionally releases an identifiable specimen of another individual collected for genetic testing under sections 401 through 412 of this act, for a purpose not relevant to a proceeding regarding parentage, without a court order or written permission of the individual who furnished the specimen, commits a gross misdemeanor punishable under RCW 9.92.020.

SUBCHAPTER 5

PROCEEDING TO ADJUDICATE PARENTAGE

Nature of Proceeding

(2) A proceeding to adjudicate the parentage of a child born under a surrogacy agreement is governed by sections 701 through 718 of this act.

(1) The child;

(2) The woman who gave birth to the child, unless a court has adjudicated that she is not a parent;

(3) An individual who is a parent under this chapter;

(4) An individual whose parentage of the child is to be adjudicated;

(5) The division of child support;

(6) An adoption agency authorized by law of this state other than this chapter or licensed child placement agency; or

(7) A representative authorized by law of this state other than this chapter to act for an individual who otherwise would be entitled to maintain a proceeding but is deceased, incapacitated, or a minor.

(a) The woman who gave birth to the child, unless a court has adjudicated that she is not a parent;

(b) An individual who is a parent of the child under this chapter;

(c) A presumed, acknowledged, or adjudicated parent of the child; and

(d) An individual whose parentage of the child is to be adjudicated.

(2) An individual entitled to notice under subsection (1) of this section has a right to intervene in the proceeding.

(3) Lack of notice required by subsection (1) of this section does not render a judgment void. Lack of notice does not preclude an individual entitled to notice under subsection (1) of this section from bringing a proceeding under section 511(2) of this act.

(2) A court of this state with jurisdiction to adjudicate parentage may exercise personal jurisdiction over a nonresident individual, or the guardian or conservator of the individual, if the conditions prescribed in RCW 26.21A.100 are satisfied.

(3) Lack of jurisdiction over one individual does not preclude the court from making an adjudication of parentage binding on another individual.

(1) The child resides or is located;

(2) If the child does not reside in this state, the respondent resides or is located; or

(3) A proceeding has been commenced for administration of the estate of an individual who is or may be a parent under this chapter.

Special Rules for Proceeding to Adjudicate Parentage

(2) A party may object to the admission of a report described in subsection (1) of this section, not later than fourteen days after the party receives the report. The party shall cite specific grounds for exclusion.

(3) A party that objects to the results of genetic testing may call a genetic testing expert to testify in person or by another method approved by the court. Unless the court orders otherwise, the party offering the testimony bears the expense for the expert testifying.

(4) Admissibility of a report of genetic testing is not affected by whether the testing was performed:

(a) Voluntarily or under an order of the court or a child support agency; or

(b) Before, on, or after commencement of the proceeding.

(a) Before the child becomes an adult; or

(b) After the child becomes an adult, but only if the child initiates the proceeding.

(2) Except as otherwise provided in section 514 of this act, this subsection applies in a proceeding described in subsection (1) of this section if the woman who gave birth to the child is the only other individual with a claim to parentage of the child. The court shall adjudicate an alleged genetic parent to be a parent of the child if the alleged genetic parent:

(a) Is identified under section 406 of this act as a genetic parent of the child and the identification is not successfully challenged under section 406 of this act;

(b) Admits parentage in a pleading, when making an appearance, or during a hearing, the court accepts the admission, and the court determines the alleged genetic parent to be a parent of the child;

(c) Declines to submit to genetic testing ordered by the court or a child support agency, in which case the court may adjudicate the alleged genetic parent to be a parent of the child even if the alleged genetic parent denies a genetic relationship with the child;

(d) Is in default after service of process and the court determines the alleged genetic parent to be a parent of the child; or

(e) Is neither identified nor excluded as a genetic parent by genetic testing and, based on other evidence, the court determines the alleged genetic parent to be a parent of the child.

(3) Except as otherwise provided in section 514 of this act and subject to other limitations in sections 501 through 523 of this act, if in a proceeding involving an alleged genetic parent, at least one other individual in addition to the woman who gave birth to the child has a claim to parentage of the child, the court shall adjudicate parentage under section 513 of this act.

(a) Before the child becomes an adult; or

(b) After the child becomes an adult, but only if the child initiates the proceeding.

(2) A presumption of parentage under section 204 of this act cannot be overcome after the child attains four years of age unless the court determines:

(a) The presumed parent is not a genetic parent, never resided with the child, and never held out the child as the presumed parent's child; or

(b) The child has more than one presumed parent.

(3) Except as otherwise provided in section 514 of this act, the following rules apply in a proceeding to adjudicate a presumed parent's parentage of a child if the woman who gave birth to the child is the only other individual with a claim to parentage of the child:

(a) If no party to the proceeding challenges the presumed parent's parentage of the child, the court shall adjudicate the presumed parent to be a parent of the child.

(b) If the presumed parent is identified under section 406 of this act as a genetic parent of the child and that identification is not successfully challenged under section 406 of this act, the court shall adjudicate the presumed parent to be a parent of the child.

(c) If the presumed parent is not identified under section 406 of this act as a genetic parent of the child and the presumed parent or the woman who gave birth to the child challenges the presumed parent's parentage of the child, the court shall adjudicate the parentage of the child in the best interest of the child based on the factors under section 513 (1) and (2) of this act.

(4) Except as otherwise provided in section 514 of this act and subject to other limitations in sections 501 through 523 of this act, if in a proceeding to adjudicate a presumed parent's parentage of a child, another individual in addition to the woman who gave birth to the child asserts a claim to parentage of the child, the court shall adjudicate parentage under section 513 of this act.

(a) Is alive when the proceeding is commenced; and

(b) Claims to be a de facto parent of the child.

(2) An individual who claims to be a de facto parent of a child must commence a proceeding to establish parentage of a child under this section:

(a) Before the child attains eighteen years of age; and

(b) While the child is alive.

(3) The following rules govern standing of an individual who claims to be a de facto parent of a child to maintain a proceeding under this section:

(a) The individual must file an initial verified pleading alleging specific facts that support the claim to parentage of the child asserted under this section. The verified pleading must be served on all parents and legal guardians of the child and any other party to the proceeding.

(b) An adverse party, parent, or legal guardian may file a pleading in response to the pleading filed under (a) of this subsection. A responsive pleading must be verified and must be served on parties to the proceeding.

(c) Unless the court finds a hearing is necessary to determine disputed facts material to the issue of standing, the court shall determine, based on the pleadings under (a) and (b) of this subsection, whether the individual has alleged facts sufficient to satisfy by a preponderance of the evidence the requirements of subsection (4)(a) through (g) of this section. If the court holds a hearing under this subsection, the hearing must be held on an expedited basis.

(4) In a proceeding to adjudicate parentage of an individual who claims to be a de facto parent of the child, the court shall adjudicate the individual who claims to be a de facto parent to be a parent of the child if the individual demonstrates by a preponderance of the evidence that:

(a) The individual resided with the child as a regular member of the child's household for a significant period;

(b) The individual engaged in consistent caretaking of the child;

(c) The individual undertook full and permanent responsibilities of a parent of the child without expectation of financial compensation;

(d) The individual held out the child as the individual's child;

(e) The individual established a bonded and dependent relationship with the child which is parental in nature;

(f) Another parent of the child fostered or supported the bonded and dependent relationship required under (e) of this subsection; and

(g) Continuing the relationship between the individual and the child is in the best interest of the child.

(2) If a child has an acknowledged parent, the following rules apply in a proceeding to challenge the acknowledgment of parentage or a denial of parentage brought by an individual, other than the child, who has standing under section 502 of this act and was not a signatory to the acknowledgment or denial:

(a) The individual must commence the proceeding not later than four years after the effective date of the acknowledgment.

(b) The court may permit the proceeding only if the court finds permitting the proceeding is in the best interest of the child.

(c) If the court permits the proceeding, the court shall adjudicate parentage under section 513 of this act.

(2) If a child has an adjudicated parent, the following rules apply to a proceeding to challenge the adjudication of parentage brought by an individual, other than the child, who has standing under section 502 of this act and was not a party to the adjudication and did not receive notice under section 503 of this act:

(a) The individual must commence the proceeding not later than four years after the effective date of the adjudication.

(b) The court may permit the proceeding only if the court finds permitting the proceeding is in the best interest of the child.

(c) If the court permits the proceeding, the court shall adjudicate parentage under section 513 of this act.

(2) In a proceeding to adjudicate an individual's parentage of a child, if another individual other than the woman who gave birth to the child is a parent under sections 601 through 608 of this act, the court shall adjudicate the individual's parentage of the child under section 513 of this act.

(a) The age of the child;

(b) The length of time during which each individual assumed the role of parent of the child;

(c) The nature of the relationship between the child and each individual;

(d) The harm to the child if the relationship between the child and each individual is not recognized;

(e) The basis for each individual's claim to parentage of the child; and

(f) Other equitable factors arising from the disruption of the relationship between the child and each individual or the likelihood of other harm to the child.

(2) If an individual challenges parentage based on the results of genetic testing, in addition to the factors listed in subsection (1) of this section, the court shall consider:

(a) The facts surrounding the discovery the individual might not be a genetic parent of the child; and

(b) The length of time between the time that the individual was placed on notice that the individual might not be a genetic parent and the commencement of the proceeding.

(3) The court may adjudicate a child to have more than two parents under this chapter if the court finds that failure to recognize more than two parents would be detrimental to the child. A finding of detriment to the child does not require a finding of unfitness of any parent or individual seeking an adjudication of parentage. In determining detriment to the child, the court shall consider all relevant factors, including the harm if the child is removed from a stable placement with an individual who has fulfilled the child's physical needs and psychological needs for care and affection and has assumed the role for a substantial period.

(2) In a proceeding in which a parent alleges that a person committed a sexual assault that resulted in the parent becoming pregnant and subsequently giving birth to a child, the parent may seek to preclude the person from establishing or maintaining the person's parentage of the child. A parent who alleges that a child was born as a result of sexual assault may also seek additional relief as described in this section.

(3) This section does not apply if:

(a) The person described in subsection (2) of this section has previously been adjudicated in a proceeding brought under section 501 of this act to be a parent of the child, except as may be specifically permitted under subsection (4) of this section.

(4) Unless section 309 or 507 of this act applies, a parent must file a pleading making an allegation under subsection (2) of this section not later than four years after the birth of the child, except that for a period of one year after the effective date of this section, a court may waive the time bar in cases in which a presumed, acknowledged, or adjudicated parent was found in a criminal or separate civil proceeding to have committed a sexual assault against the parent alleging that the child was born as a result of the sexual assault.

(5) If a parent makes an allegation under subsection (2) of this section and subsection (3) of this section does not apply, the court must conduct a fact-finding hearing on the allegation.

(a) The court may not enter any temporary orders providing residential time or decision making to the alleged perpetrator prior to the fact-finding hearing on the sexual assault allegation unless both of the following criteria are satisfied: (i) The alleged perpetrator has a bonded and dependent relationship with the child that is parental in nature; and (ii) the court specifically finds that it would be in the best interest of the child if such temporary orders are entered.

(b) Prior to the fact-finding hearing, the court may order genetic testing to determine whether the alleged perpetrator is biologically related to the child. If genetic testing reveals that the alleged perpetrator is not biologically related to the child, the fact-finding hearing must be stricken.

(c) Fourteen days prior to the fact-finding hearing, the parent alleging that the child was born as a result of a sexual assault shall submit affidavits setting forth facts supporting the allegation and shall give notice, together with a copy of the affidavit, to other parties to the proceedings, who may file opposing affidavits. Opposing affidavits must be submitted and served to other parties to the proceeding five days prior to the fact-finding hearing.

(d) The court shall determine on the record whether affidavits and documents submitted for the fact-finding hearing should be sealed.

(6) An allegation under subsection (2) of this section may be proved by:

(a) Evidence that the person was convicted of or pleaded guilty to a sexual assault under RCW 9A.44.040, 9A.44.050, or 9A.44.060, or a comparable crime of sexual assault in any jurisdiction, against the child's parent and the child was born within three hundred twenty days after the sexual assault; or

(b) Clear, cogent, and convincing evidence that the person committed sexual assault, as defined in this section, against the child's parent and the child was born within three hundred twenty days after the sexual assault.

(7) Subject to subsections (1) through (5) of this section, if the court determines that an allegation has been proved under subsection (6) of this section at the fact-finding hearing or after a bench trial, the court shall:

(a) Adjudicate that the person described in subsection (2) of this section is not a parent of the child, has no right to residential time or decision-making responsibilities for the child, has no right to inheritance from the child, and has no right to notification of, or standing to object to, the adoption of the child. If the parent who was the victim of the sexual assault expressly consents in writing for the court to decline to enter one or more of these restrictions or limitations, the court may do so;

(b) Require the state registrar of vital statistics to amend the birth record if requested by the parent and the court determines that the amendment is in the best interest of the child; and

(c) Require the person pay to child support, birth-related costs, or both, unless the parent requests otherwise and the court determines that granting the request is in the best interest of the child.

(8) The child's parent or guardian may decline an order for child support or birth-related costs. If the child's parent or guardian declines an order for child support, and is either currently receiving public assistance or later applies for it for the child born as a result of the sexual assault, support enforcement agencies as defined in this chapter shall not file administrative or court proceedings to establish or collect child support, including medical support, from the person described in subsection (2) of this section.

(9) If the court enters an order under subsection (8) of this section providing that no child support obligation may be established or collected from the person described in subsection (2) of this section, the court shall forward a copy of the order to the Washington state support registry.

(10) The court may order an award of attorneys' fees under this section on the same basis as attorneys' fees are awarded under RCW 26.09.140.

(11) Any party may move to close the fact-finding hearing and any related proceedings under this section to the public. If no party files such a motion, the court shall determine on its own initiative whether the fact-finding hearing and any related proceedings under this section should be closed to the public. Upon finding good cause for closing the proceeding, and if consistent with Article I, section 10 of the state Constitution, the court may:

(a) Restrict admission to only those persons whom the court finds to have a direct interest in the case or in the work of the court, including witnesses deemed necessary to the disposition of the case; and

(b) Restrict persons who are admitted from disclosing any information obtained at the hearing that would identify the parties involved or the child.

Hearing and Adjudication

(a) A presumed parent of the child;

(b) Petitioning to be adjudicated a parent;

(c) Identified as a genetic parent through genetic testing under section 406 of this act;

(d) An alleged genetic parent who has declined to submit to genetic testing;

(e) Shown by clear and convincing evidence to be a parent of the child; or

(f) A parent under this chapter.

(2) A temporary order may include a provision for parenting time and visitation under law of this state other than this chapter.

(2) A respondent may not combine a proceeding described in subsection (1) with a proceeding to adjudicate parentage brought under the uniform interstate family support act, chapter 26.21A RCW.

(2) The court shall appoint a guardian ad litem, subject to RCW 74.20.310, to represent a child in a proceeding under sections 501 through 523 of this act, if the court finds that the interests of the child are not adequately represented.

(2) A final order in a proceeding under sections 501 through 523 of this act is available for public inspection. Other papers and records are available for public inspection only with the consent of the parties or by court order.

(2) Except as otherwise provided in subsection (3) of this section, the court may assess filing fees, reasonable attorneys' fees, fees for genetic testing, other costs, and necessary travel and other reasonable expenses incurred in a proceeding under sections 501 through 523 of this act. Attorneys' fees awarded under this subsection may be paid directly to the attorney, and the attorney may enforce the order in the attorney's own name.

(3) The court may not assess fees, costs, or expenses in a proceeding under sections 501 through 523 of this act, against a child support agency of this state or another state, except as provided by law of this state other than this chapter.

(4) In a proceeding under sections 501 through 523 of this act, a copy of a bill for genetic testing or prenatal or postnatal health care for the woman who gave birth to the child and the child, provided to the adverse party not later than ten days before a hearing, is admissible to establish:

(a) The amount of the charge billed; and

(b) That the charge is reasonable and necessary.

(5) On request of a party and for good cause, the court in a proceeding under sections 501 through 523 of this act, may order the name of the child changed. If the court order changing the name varies from the name on the birth record of the child, the court shall order the state registrar of vital statistics to amend the birth record.

(6) On request of a party and for good cause, the court in a proceeding under sections 501 through 523 of this act may order the parents listed on the birth record of the child changed. If the adjudicated parents listed in the court order vary from the parents listed on the birth record of the child, the court shall order the state registrar of vital statistics to amend the birth record.

(a) A signatory to an acknowledgment of parentage or denial of parentage is bound by the acknowledgment and denial as provided in sections 301 through 314 of this act; and

(b) A party to an adjudication of parentage by a court acting under circumstances that satisfy the jurisdiction requirements of RCW 26.21A.100 and any individual who received notice of the proceeding are bound by the adjudication.

(2) A child is not bound by a determination of parentage under this chapter unless:

(a) The determination was based on an unrescinded acknowledgment of parentage and the acknowledgment is consistent with the results of genetic testing;

(b) The determination was based on a finding consistent with the results of genetic testing, and the consistency is declared in the determination or otherwise shown;

(c) The determination of parentage was made under sections 601 through 608 or 701 through 718 of this act; or

(d) The child was a party or was represented by a guardian ad litem in the proceeding.

(3) In a proceeding for dissolution of marriage or domestic partnership, the court is deemed to have made an adjudication of parentage of a child if the court acts under circumstances that satisfy the jurisdiction requirements of RCW 26.21A.100 and the final order:

(a) Expressly identifies the child as a "child of the marriage," "issue of the marriage," "child of the domestic partnership," "issue of the domestic partnership," or includes similar words indicating that both spouses in the marriage or domestic partners in the domestic partnership are parents of the child; or

(b) Provides for support of the child by a spouse or domestic partner unless that spouse or domestic partner's parentage is disclaimed specifically in the order.

(4) Except as otherwise provided in subsection (2) of this section or section 511 of this act, a determination of parentage may be asserted as a defense in a subsequent proceeding seeking to adjudicate parentage of an individual who was not a party to the earlier proceeding.

(5) A party to an adjudication of parentage may challenge the adjudication only under law of this state other than this chapter relating to appeal, vacation of judgment, or other judicial review.

SUBCHAPTER 6

ASSISTED REPRODUCTION

(2) Failure to consent in a record as required by subsection (1) of this section, before, on, or after birth of the child, does not preclude the court from finding consent to parentage if:

(a) The woman or the individual proves by clear and convincing evidence the existence of an express agreement entered into before conception that the individual and the woman intended they both would be parents of the child; or

(b) The woman and the individual for the first four years of the child's life, including any period of temporary absence, resided together in the same household with the child and both openly held out the child as the individual's child, unless the individual dies or becomes incapacitated before the child attains four years of age or the child dies before the child attains four years of age, in which case the court may find consent under this subsection to parentage if a party proves by clear and convincing evidence that the woman and the individual intended to reside together in the same household with the child and both intended the individual would openly hold out the child as the individual's child, but the individual was prevented from carrying out that intent by death or incapacity.

(a) Not later than four years after the birth of the child, the individual commences a proceeding to adjudicate the individual's parentage of the child; and

(b) The court finds the individual did not consent to the assisted reproduction, before, on, or after birth of the child, or withdrew consent under section 607 of this act.

(2) A proceeding to adjudicate a spouse's parentage of a child born by assisted reproduction may be commenced at any time if the court determines:

(a) The spouse neither provided a gamete for, nor consented to, the assisted reproduction;

(b) The spouse and the woman who gave birth to the child have not cohabited since the probable time of assisted reproduction; and

(c) The spouse never openly held out the child as the spouse's child.

(3) This section applies to a spouse's dispute of parentage even if the spouse's marriage is declared invalid after assisted reproduction occurs.

(2) An individual who withdraws consent under subsection (1) of this section is not a parent of the child under this chapter.

(2) If an individual who consented in a record to assisted reproduction by a woman who agreed to give birth to a child dies before a transfer of gametes or embryos, the deceased individual is a parent of a child conceived by the assisted reproduction only if:

(a) Either:

(i) The individual consented in a record that if assisted reproduction were to occur after the death of the individual, the individual would be a parent of the child; or

(ii) The individual's intent to be a parent of a child conceived by assisted reproduction after the individual's death is established by clear and convincing evidence; and

(b) Either:

(i) The embryo is in utero not later than thirty-six months after the individual's death; or

(ii) The child is born not later than forty-five months after the individual's death.

SUBCHAPTER 7

SURROGACY AGREEMENT

General Requirements

(1) "Genetic surrogate" means a woman who is not an intended parent and who agrees to become pregnant through assisted reproduction using her own gamete, under a genetic surrogacy agreement as provided in sections 701 through 718 of this act.

(2) "Gestational surrogate" means a woman who is not an intended parent and who agrees to become pregnant through assisted reproduction using gametes that are not her own, under a gestational surrogacy agreement as provided in sections 701 through 718 of this act.

(3) "Surrogacy agreement" means an agreement between one or more intended parents and a woman who is not an intended parent in which the woman agrees to become pregnant through assisted reproduction and which provides that each intended parent is a parent of a child conceived under the agreement. Unless otherwise specified, the term refers to both a gestational surrogacy agreement and a genetic surrogacy agreement.

(a) Have attained twenty-one years of age;

(b) Previously have given birth to at least one child but not enter into more than two surrogacy agreements that result in the birth of children;

(c) Complete a medical evaluation related to the surrogacy arrangement by a licensed medical doctor;

(d) Complete a mental health consultation by a licensed mental health professional; and

(e) Have independent legal representation of her choice throughout the surrogacy arrangement regarding the terms of the surrogacy agreement and the potential legal consequences of the agreement.

(2) To execute a surrogacy agreement, each intended parent, whether or not genetically related to the child, must:

(a) Have attained twenty-one years of age;

(b) Complete a medical evaluation related to the surrogacy arrangement by a licensed medical doctor;

(c) Complete a mental health consultation by a licensed mental health professional; and

(d) Have independent legal representation of the intended parent's choice throughout the surrogacy arrangement regarding the terms of the surrogacy agreement and the potential legal consequences of the agreement.

(1) At least one party must be a resident of this state or, if no party is a resident of this state, at least one medical evaluation or procedure or mental health consultation under the agreement must occur in this state.

(2) A woman acting as a surrogate and each intended parent must meet the requirements of section 702 of this act.

(3) Each intended parent, the woman acting as a surrogate, and the spouse of the woman acting as a surrogate, if any, must be parties to the agreement.

(4) The agreement must be in a record signed by each party listed in subsection (3) of this section.

(5) The woman acting as a surrogate and each intended parent must acknowledge in a record receipt of a copy of the agreement.

(6) The signature of each party to the agreement must be attested by a notarial officer or witnessed.

(7) The woman acting as a surrogate and the intended parent or parents must have independent legal representation throughout the surrogacy arrangement regarding the terms of the surrogacy agreement and the potential legal consequences of the agreement, and each counsel must be identified in the surrogacy agreement.

(8) The intended parent or parents must pay for independent legal representation for the woman acting as a surrogate.

(9) The agreement must be executed before a medical procedure occurs related to the surrogacy agreement, other than the medical evaluation and mental health consultation required by section 702 of this act.

(a) A woman acting as a surrogate agrees to attempt to become pregnant by means of assisted reproduction.

(b) Except as otherwise provided in sections 711, 714, and 715 of this act, the woman acting as a surrogate and the spouse or former spouse of the woman acting as a surrogate, if any, have no claim to parentage of a child conceived by assisted reproduction under the agreement.

(c) The spouse of the woman acting as a surrogate, if any, must acknowledge and agree to comply with the obligations imposed on the woman acting as a surrogate by the agreement.

(d) Except as otherwise provided in sections 711, 714, and 715 of this act, the intended parent or, if there are two intended parents, each one jointly and severally, immediately on birth will be the exclusive parent or parents of the child, regardless of number of children born or gender or mental or physical condition of each child.

(e) Except as otherwise provided in sections 711, 714, and 715, the intended parent or, if there are two intended parents, each parent jointly and severally, immediately on birth will assume responsibility for the financial support of the child, regardless of number of children born or gender or mental or physical condition of each child.

(f) The agreement must include information disclosing how each intended parent will cover the surrogacy-related expenses of the surrogate and the medical expenses of the child. If health care coverage is used to cover the medical expenses, the disclosure must include a summary of the health care policy provisions related to coverage for surrogate pregnancy, including any possible liability of the woman acting as a surrogate, third-party liability liens, other insurance coverage, and any notice requirement that could affect coverage or liability of the woman acting as a surrogate. Unless the agreement expressly provides otherwise, the review and disclosure do not constitute legal advice. If the extent of coverage is uncertain, a statement of that fact is sufficient to comply with this subsection (1)(f).

(g) The agreement must permit the woman acting as a surrogate to make all health and welfare decisions regarding herself and her pregnancy and, notwithstanding any other provisions in this chapter, provisions in the agreement to the contrary are void and unenforceable. This chapter does not diminish the right of the woman acting as a surrogate to terminate her pregnancy.

(h) The agreement must include information about each party's right under sections 701 through 718 of this act to terminate the surrogacy agreement.

(2) A surrogacy agreement may provide for:

(a) Payment of consideration and reasonable expenses; and

(b) Reimbursement of specific expenses if the agreement is terminated under sections 701 through 718 of this act.

(3) A right created under a surrogacy agreement is not assignable and there is no third-party beneficiary of the agreement other than the child.

(a) The marriage or domestic partnership of a woman acting as a surrogate after the agreement is signed by all parties does not affect the validity of the agreement, her spouse or domestic partner's consent to the agreement is not required, and her spouse or domestic partner is not a presumed parent of a child conceived by assisted reproduction under the agreement; and

(b) The dissolution, annulment, declaration of invalidity, or legal separation of the woman acting as a surrogate after the agreement is signed by all parties does not affect the validity of the agreement.

(2) Unless a surrogacy agreement expressly provides otherwise:

(a) The marriage or domestic partnership of an intended parent after the agreement is signed by all parties does not affect the validity of a surrogacy agreement, the consent of the spouse or domestic partner of the intended parent is not required, and the spouse or domestic partner of the intended parent is not, based on the agreement, a parent of a child conceived by assisted reproduction under the agreement; and

(b) The dissolution, annulment, declaration of invalidity, or legal separation of an intended parent after the agreement is signed by all parties does not affect the validity of the agreement and, except as otherwise provided in section 714 of this act, the intended parents are the parents of the child.

(a) The child resides or is located;

(b) The respondent resides or is located;

(c) An intended parent resides;

(d) A medical evaluation or procedure or mental health consultation under the surrogacy agreement occurred; or

(e) A proceeding has been commenced for administration of the estate of an individual who is or may be a parent under this subchapter.

(2) During the period after the execution of a surrogacy agreement until ninety days after the birth of a child conceived by assisted reproduction under the agreement, a court of this state conducting a proceeding under this chapter has exclusive, continuing jurisdiction over all matters arising out of the agreement. This section does not give the court jurisdiction over a child custody or child support proceeding if jurisdiction is not otherwise authorized by law of this state other than this chapter.

Special Rules for Gestational Surrogacy Agreement

(2) Unless a gestational surrogacy agreement provides otherwise, on termination of the agreement under subsection (1) of this section, the parties are released from the agreement, except that each intended parent remains responsible for expenses that are reimbursable under the agreement and incurred by the woman acting as a gestational surrogate through the date of termination.

(3) Except in a case involving fraud, neither a woman acting as a gestational surrogate nor the surrogate's spouse or former spouse, if any, is liable to the intended parent or parents for a penalty or liquidated damages, for terminating a gestational surrogacy agreement under this section.

(2) Except as otherwise provided in subsection (3) of this section or section 712 of this act, neither a woman acting as a gestational surrogate nor the surrogate's spouse or former spouse, if any, is a parent of the child.

(3) If a child is alleged to be a genetic child of the woman who agreed to be a gestational surrogate, the court shall order genetic testing of the child. If the child is a genetic child of the woman who agreed to be a gestational surrogate, parentage must be determined based on sections 101 through 523 of this act.

(4) Except as otherwise provided in subsection (3) of this section or section 710(2) or 712 of this act, if, due to a clinical or laboratory error, a child conceived by assisted reproduction under a gestational surrogacy agreement is not genetically related to an intended parent or a donor who donated to the intended parent or parents, each intended parent, and not the woman acting as a gestational surrogate and the surrogate's spouse or former spouse, if any, is a parent of the child, subject to any other claim of parentage.

(2) Except as otherwise provided in section 712 of this act, an intended parent is not a parent of a child conceived by assisted reproduction under a gestational surrogacy agreement if the intended parent dies before the transfer of a gamete or embryo unless:

(a) The agreement provides otherwise; and

(b) The transfer of a gamete or embryo occurs not later than thirty-six months after the death of the intended parent or birth of the child occurs not later than forty-five months after the death of the intended parent.

(a) Declaring that each intended parent is a parent of the child and ordering that parental rights and duties vest immediately on the birth of the child exclusively in each intended parent;

(b) Declaring that the woman acting as a gestational surrogate and the surrogate's spouse or former spouse, if any, are not the parents of the child;

(c) Directing the state registrar of vital statistics to list each intended parent as a parent of the child on the birth record;

(d) To protect the privacy of the child and the parties, declaring that the court record is not open to inspection except as authorized under section 706 of this act;

(e) If necessary, that the child be surrendered to the intended parent or parents; and

(f) For other relief the court determines necessary and proper.

(2) The court may issue an order or judgment under subsection (1) of this section before the birth of the child. The court shall stay enforcement of the order or judgment until the birth of the child.

(3) Neither this state nor the state registrar of vital statistics is a necessary party to a proceeding under subsection (1) of this section.

(2) If a child was conceived by assisted reproduction under a gestational surrogacy agreement that does not comply with sections 702, 703, and 704 of this act, the court shall determine the rights and duties of the parties to the agreement consistent with the intent of the parties at the time of execution of the agreement. Each party to the agreement and any individual who at the time of the execution of the agreement was a spouse of a party to the agreement has standing to maintain a proceeding to adjudicate an issue related to the enforcement of the agreement.

(3) Except as expressly provided in a gestational surrogacy agreement or subsection (4) or (5) of this section, if the agreement is breached by the woman acting as a gestational surrogate or one or more intended parents, the nonbreaching party is entitled to the remedies available at law or in equity.

(4) Specific performance is not a remedy available for breach by a woman acting as a gestational surrogate of a provision in the agreement that the gestational surrogate be impregnated.

(5) Except as otherwise provided in subsection (4) of this section, if an intended parent is determined to be a parent of the child, specific performance is a remedy available for:

(a) Breach of the agreement by a woman acting as a gestational surrogate which prevents the intended parent from exercising immediately on birth of the child the full rights of parentage; or

(b) Breach by the intended parent which prevents the intended parent's acceptance, immediately on birth of the child conceived by assisted reproduction under the agreement, of the duties of parentage.

Special Rules for Genetic Surrogacy Agreement

(2) The court shall issue an order validating a genetic surrogacy agreement if the court finds that:

(a) Sections 702, 703, and 704 of this act are satisfied; and

(b) All parties entered into the agreement voluntarily and understand its terms.

(3) An individual who terminates under section 714 of this act a genetic surrogacy agreement shall file notice of the termination with the court. On receipt of the notice, the court shall vacate any order issued under subsection (2) of this section. An individual who does not notify the court of the termination of the agreement is subject to sanctions.

(a) An intended parent who is a party to the agreement may terminate the agreement at any time before a gamete or embryo transfer by giving notice of termination in a record to all other parties. If a gamete or embryo transfer does not result in a pregnancy, a party may terminate the agreement at any time before a subsequent gamete or embryo transfer. The notice of termination must be attested by a notarial officer or witnessed.

(b) A woman acting as a genetic surrogate who is a party to the agreement may withdraw consent to the agreement any time before forty-eight hours after the birth of a child conceived by assisted reproduction under the agreement. To withdraw consent, the woman acting as a genetic surrogate must execute a notice of termination in a record stating the surrogate's intent to terminate the agreement. The notice of termination must be attested by a notarial officer or witnessed and be delivered to each intended parent any time before forty-eight hours after the birth of the child.

(2) On termination of the genetic surrogacy agreement under subsection (1) of this section, the parties are released from all obligations under the agreement except that each intended parent remains responsible for all expenses incurred by the woman acting as a surrogate through the date of termination which are reimbursable under the agreement. Unless the agreement provides otherwise, the woman acting as a surrogate is not entitled to any nonexpense related compensation paid for serving as a surrogate.

(3) Except in a case involving fraud, neither a woman acting as a genetic surrogate nor the surrogate's spouse or former spouse, if any, is liable to the intended parent or parents for a penalty or liquidated damages, for terminating a genetic surrogacy agreement under this section.

(2) Unless a woman acting as a genetic surrogate exercises the right under section 714 of this act to terminate the genetic surrogacy agreement, on proof of a court order issued under section 713 of this act validating the agreement, the court shall make an order:

(a) Declaring that each intended parent is a parent of a child conceived by assisted reproduction under the agreement and ordering that parental rights and duties vest exclusively in each intended parent;

(b) Declaring that the woman acting as a genetic surrogate and the surrogate's spouse or former spouse, if any, are not parents of the child;

(c) Directing the state registrar of vital statistics to list each intended parent as a parent of the child on the birth record;

(d) To protect the privacy of the child and the parties, declaring that the court record is not open to inspection except as authorized under section 706 of this act;

(e) If necessary, that the child be surrendered to the intended parent or parents; and

(f) For other relief the court determines necessary and proper.

(3) If a woman acting as a genetic surrogate terminates under section 714(1)(b) of this act a genetic surrogacy agreement, parentage of the child conceived by assisted reproduction under the agreement must be determined under sections 101 through 523 of this act.

(4) If a child born to a woman acting as a genetic surrogate is alleged not to have been conceived by assisted reproduction, the court shall order genetic testing to determine the genetic parentage of the child. If the child was not conceived by assisted reproduction, parentage must be determined under sections 101 through 523 of this act. Unless the genetic surrogacy agreement provides otherwise, if the child was not conceived by assisted reproduction the woman acting as a surrogate is not entitled to any nonexpense related compensation paid for serving as a surrogate.

(5) Unless a party exercises the right under section 714 of this act to terminate the genetic surrogacy agreement, the woman acting as a genetic surrogate or the department of social and health services division of child support may file with the court, not later than sixty days after the birth of a child conceived by assisted reproduction under the agreement, notice that the child has been born to the woman acting as a genetic surrogate. Unless the woman acting as a genetic surrogate has properly exercised the right under section 714 of this act to withdraw consent to the agreement, on proof of a court order issued under section 713 of this act validating the agreement, the court shall order that each intended parent is a parent of the child.

(2) If all parties agree, a court may validate a genetic surrogacy agreement after assisted reproduction has occurred but before the birth of a child conceived by assisted reproduction under the agreement.

(3) If a child conceived by assisted reproduction under a genetic surrogacy agreement that is not validated under section 713 of this act is born and the woman acting as a genetic surrogate, consistent with section 714(1)(b), withdraws her consent to the agreement before forty-eight hours after the birth of the child, the court shall adjudicate the parentage of the child under sections 101 through 523 of this act.

(4) If a child conceived by assisted reproduction under a genetic surrogacy agreement that is not validated under section 713 of this act is born and a woman acting as a genetic surrogate does not withdraw her consent to the agreement, consistent with section 714(1)(b) of this act, before forty-eight hours after the birth of the child, the woman acting as a genetic surrogate is not automatically a parent and the court shall adjudicate parentage of the child based on the best interest of the child, taking into account the factors in section 513(1) of this act and the intent of the parties at the time of the execution of the agreement.

(5) The parties to a genetic surrogacy agreement have standing to maintain a proceeding to adjudicate parentage under this section.

(2) Except as otherwise provided in section 715 or 716 of this act, an intended parent is not a parent of a child conceived by assisted reproduction under a genetic surrogacy agreement if the intended parent dies before the transfer of a gamete or embryo unless:

(a) The agreement provides otherwise; and

(b) The transfer of the gamete or embryo occurs not later than thirty-six months after the death of the intended parent, or birth of the child occurs not later than forty-five months after the death of the intended parent.

(2) Specific performance is not a remedy available for breach by a woman acting as a genetic surrogate of a requirement of a validated or nonvalidated genetic surrogacy agreement that the surrogate be impregnated.

(3) Except as otherwise provided in subsection (2) of this section, specific performance is a remedy available for:

(a) Breach of a validated genetic surrogacy agreement by a woman acting as a genetic surrogate of a requirement which prevents an intended parent from exercising the full rights of parentage forty-eight hours after the birth of the child; or

(b) Breach by an intended parent which prevents the intended parent's acceptance of duties of parentage forty-eight hours after the birth of the child.

SUBCHAPTER 8

INFORMATION ABOUT DONOR

(1) "Identifying information" means:

(a) The full name of a donor;

(b) The date of birth of the donor; and

(c) The permanent and, if different, current address of the donor at the time of the donation.

(2) "Medical history" means information regarding any:

(a) Present illness of a donor;

(b) Past illness of the donor; and

(c) Social, genetic, and family history pertaining to the health of the donor.

(a) Provide the donor with information in a record about the donor's choice regarding identity disclosure; and

(b) Obtain a declaration from the donor regarding identity disclosure.

(2) A gamete bank or fertility clinic licensed in this state shall give a donor the choice to sign a declaration, attested by a notarial officer or witnessed, that either:

(a) States that the donor agrees to disclose the donor's identity to a child conceived by assisted reproduction with the donor's gametes on request once the child attains eighteen years of age; or

(b) States that the donor does not agree presently to disclose the donor's identity to the child.

(3) A gamete bank or fertility clinic licensed in this state shall permit a donor who has signed a declaration under subsection (2)(b) of this section to withdraw the declaration at any time by signing a declaration under subsection (2)(a) of this section.

(2) Regardless whether a donor signed a declaration under section 804(2)(b) of this act, on request by a child conceived by assisted reproduction who attains eighteen years of age, or, if the child is a minor, by a parent or guardian of the child, a gamete bank or fertility clinic licensed in this state shall make a good faith effort to provide the child or, if the child is a minor, the parent or guardian of the child, access to nonidentifying medical history of the donor.

SUBCHAPTER 9

MISCELLANEOUS PROVISIONS

(2) A surrogacy broker to which this section applies:

(a) Must keep all funds paid by or on behalf of the intended parents in a separate, licensed escrow account;

(b) May not be owned or managed, in any part, directly or indirectly by any lawyer representing a party to the surrogacy agreement;

(c) May not pay or receive payment, directly or indirectly, to or from any person licensed to practice law and representing a party to the surrogacy agreement in connection with the referral of any person or party for the purpose of a surrogacy agreement;

(d) May not pay or receive payment, directly or indirectly, to or from any health care provider providing any health services, including assisted reproduction, to a party to the surrogacy agreement; and

(e) May not be owned or managed, in any part, directly or indirectly, by any health care provider providing any health services, including assisted reproduction, to a party to the surrogacy agreement.

(3) For purposes of this section:

(a) The definitions in sections 102 and 701 of this act apply.

(b) "Payment" means any type of monetary compensation or other valuable consideration including but not limited to a rebate, refund, commission, unearned discount, or profit by means of credit or other valuable consideration.

(c) "Surrogacy broker" includes but is not limited to any agency, agent, business, or individual engaged in, arranging, or facilitating transactions contemplated by a surrogacy agreement, regardless of whether that surrogacy agreement ultimately comports with the requirements of chapter 26.--- RCW (the new chapter created in section 908 of this act).

(1) RCW 26.26.011 (Definitions) and 2011 c 283 s 1 & 2002 c 302 s 102;

(2) RCW 26.26.021 (Scope of act—Choice of law—Surrogate parentage contracts) and 2011 c 283 s 2 & 2002 c 302 s 103;

(3) RCW 26.26.031 (Courts of this state—Authority) and 2002 c 302 s 104;

(4) RCW 26.26.041 (Protection of participants) and 2011 c 283 s 3 & 2002 c 302 s 105;

(5) RCW 26.26.051 (Determination of parentage) and 2011 c 283 s 4 & 2002 c 302 s 106;

(6) RCW 26.26.101 (Establishment of parent-child relationship) and 2011 c 283 s 5 & 2002 c 302 s 201;

(7) RCW 26.26.106 (No discrimination based on marital or domestic partnership status) and 2011 c 283 s 6 & 2002 c 302 s 202;

(8) RCW 26.26.111 (Consequences of establishment of parentage) and 2011 c 283 s 7 & 2002 c 302 s 203;

(9) RCW 26.26.116 (Presumption of parentage in context of marriage or domestic partnership) and 2011 c 283 s 8 & 2002 c 302 s 204;

(10) RCW 26.26.210 (Surrogate parenting—Definitions) and 1989 c 404 s 1;

(11) RCW 26.26.220 (Surrogate parenting—Persons excluded from contracting) and 2010 c 94 s 7 & 1989 c 404 s 2;

(12) RCW 26.26.230 (Surrogate parenting—Compensation prohibited) and 1989 c 404 s 3;

(13) RCW 26.26.240 (Surrogate parenting—Contract for compensation void) and 1989 c 404 s 4;

(14) RCW 26.26.250 (Surrogate parenting—Provisions violated—Penalty) and 1989 c 404 s 5;

(15) RCW 26.26.260 (Surrogate parenting—Custody of child) and 1989 c 404 s 6;

(16) RCW 26.26.300 (Acknowledgment of paternity) and 2011 c 283 s 11 & 2002 c 302 s 301;

(17) RCW 26.26.305 (Execution of acknowledgment of paternity) and 2011 c 283 s 12 & 2002 c 302 s 302;

(18) RCW 26.26.310 (Denial of paternity) and 2011 c 283 s 13 & 2002 c 302 s 303;

(19) RCW 26.26.315 (Rules for acknowledgment and denial of paternity) and 2011 c 283 s 14 & 2002 c 302 s 304;

(20) RCW 26.26.320 (Effect of acknowledgment or denial of paternity) and 2011 c 283 s 15 & 2002 c 302 s 305;

(21) RCW 26.26.325 (Filing fee for acknowledgment or denial of paternity) and 2002 c 302 s 306;

(22) RCW 26.26.330 (Proceeding for rescission of acknowledgment or denial of paternity) and 2011 c 283 s 16, 2004 c 111 s 1, & 2002 c 302 s 307;

(23) RCW 26.26.335 (Challenge after expiration of time for rescission of acknowledgment or denial of paternity) and 2011 c 283 s 17 & 2002 c 302 s 308;

(24) RCW 26.26.340 (Procedure for rescission or challenge of acknowledgment or denial of paternity) and 2011 c 283 s 18 & 2002 c 302 s 309;

(25) RCW 26.26.345 (Ratification barred of unchallenged acknowledgment of paternity) and 2002 c 302 s 310;

(26) RCW 26.26.350 (Full faith and credit) and 2002 c 302 s 311;

(27) RCW 26.26.355 (Forms for acknowledgment and denial of paternity) and 2002 c 302 s 312;

(28) RCW 26.26.360 (Release of information) and 2011 c 283 s 19 & 2002 c 302 s 313;

(29) RCW 26.26.365 (Adoption of rules) and 2002 c 302 s 314;

(30) RCW 26.26.370 (Acknowledgment of paternity—Application of RCW 26.26.300 through 26.26.375—Adjudication) and 2002 c 302 s 315;

(31) RCW 26.26.375 (Judicial proceedings) and 2011 c 283 s 20 & 2002 c 302 s 316;

(32) RCW 26.26.400 (Genetic testing—Application of RCW 26.26.405 through 26.26.450) and 2011 c 283 s 21 & 2002 c 302 s 401;

(33) RCW 26.26.405 (Order for genetic testing) and 2011 c 283 s 22 & 2002 c 302 s 402;

(34) RCW 26.26.410 (Requirements for genetic testing) and 2011 c 283 s 23 & 2002 c 302 s 403;

(35) RCW 26.26.415 (Report of genetic testing) and 2002 c 302 s 404;

(36) RCW 26.26.420 (Genetic testing results—Rebuttal) and 2011 c 283 s 24 & 2002 c 302 s 405;

(37) RCW 26.26.425 (Costs of genetic testing) and 2011 c 283 s 25 & 2002 c 302 s 406;

(38) RCW 26.26.430 (Additional genetic testing) and 2011 c 283 s 26 & 2002 c 302 s 407;

(39) RCW 26.26.435 (Genetic testing when specimen not available) and 2011 c 283 s 27 & 2002 c 302 s 408;

(40) RCW 26.26.440 (Genetic testing—Deceased individual) and 2002 c 302 s 409;

(41) RCW 26.26.445 (Genetic testing—Identical brothers) and 2011 c 283 s 28 & 2002 c 302 s 410;

(42) RCW 26.26.450 (Confidentiality of genetic testing—Penalty) and 2002 c 302 s 411;

(43) RCW 26.26.500 (Proceeding to adjudicate parentage authorized) and 2002 c 302 s 501;

(44) RCW 26.26.505 (Standing to maintain proceeding to adjudicate parentage) and 2011 c 283 s 29 & 2002 c 302 s 502;

(45) RCW 26.26.510 (Parties to proceeding to adjudicate parentage) and 2011 c 283 s 30 & 2002 c 302 s 503;

(46) RCW 26.26.515 (Proceeding to adjudicate parentage—Personal jurisdiction) and 2002 c 302 s 504;

(47) RCW 26.26.520 (Proceeding to adjudicate parentage—Venue) and 2002 c 302 s 505;

(48) RCW 26.26.525 (Proceeding to adjudicate parentage—No time limitation: Child having no presumed or adjudicated second parent and no acknowledged father) and 2011 c 283 s 31 & 2002 c 302 s 506;

(49) RCW 26.26.530 (Proceeding to adjudicate parentage—Time limitation: Child having presumed parent) and 2011 c 283 s 32 & 2002 c 302 s 507;

(50) RCW 26.26.535 (Proceeding to adjudicate parentage—Authority to deny genetic testing) and 2011 c 283 s 33 & 2002 c 302 s 508;

(51) RCW 26.26.540 (Proceeding to adjudicate parentage—Time limitation: Child having acknowledged father or adjudicated parent) and 2011 c 283 s 34 & 2002 c 302 s 509;

(52) RCW 26.26.545 (Joinder of proceedings) and 2011 c 283 s 35 & 2002 c 302 s 510;

(53) RCW 26.26.550 (Proceeding to adjudicate parentage—Before birth) and 2011 c 283 s 36 & 2002 c 302 s 511;

(54) RCW 26.26.555 (Child as party—Representation) and 2011 c 283 s 37 & 2002 c 302 s 512;

(55) RCW 26.26.570 (Proceeding to adjudicate parentage—Admissibility of results of genetic testing—Expenses) and 2011 c 283 s 38 & 2002 c 302 s 521;

(56) RCW 26.26.575 (Proceeding to adjudicate parentage—Consequences of declining genetic testing) and 2011 c 283 s 39 & 2002 c 302 s 522;

(57) RCW 26.26.585 (Proceeding to adjudicate parentage—Admission of paternity authorized) and 2011 c 283 s 40 & 2002 c 302 s 523;

(58) RCW 26.26.590 (Proceeding to adjudicate parentage—Temporary order) and 2011 c 283 s 41 & 2002 c 302 s 524;

(59) RCW 26.26.600 (Rules for adjudication of parentage) and 2011 c 283 s 42 & 2002 c 302 s 531;

(60) RCW 26.26.605 (Proceeding to adjudicate parentage—Jury prohibited) and 2002 c 302 s 532;

(61) RCW 26.26.610 (Proceeding to determine parentage—Hearings—Inspection of records) and 2013 c 246 s 3 & 2002 c 302 s 533;

(62) RCW 26.26.615 (Adjudication of paternity—Order on default) and 2002 c 302 s 534;

(63) RCW 26.26.620 (Dismissal for want of prosecution) and 2011 c 283 s 43 & 2002 c 302 s 535;

(64) RCW 26.26.625 (Order adjudicating parentage) and 2011 c 283 s 44 & 2002 c 302 s 536;

(65) RCW 26.26.630 (Binding effect of determination of parentage) and 2011 c 283 s 45 & 2002 c 302 s 537;

(66) RCW 26.26.700 (Application of RCW 26.26.705 through 26.26.740) and 2002 c 302 s 601;

(67) RCW 26.26.705 (Child of assisted reproduction—Parental status of donor) and 2011 c 283 s 46 & 2002 c 302 s 602;

(68) RCW 26.26.710 (Parentage of child of assisted reproduction) and 2011 c 283 s 47 & 2002 c 302 s 603;

(69) RCW 26.26.715 (Consent to assisted reproduction) and 2011 c 283 s 48 & 2002 c 302 s 604;

(70) RCW 26.26.720 (Child of assisted reproduction—Limitation on dispute of parentage) and 2011 c 283 s 49 & 2002 c 302 s 605;

(71) RCW 26.26.725 (Child of assisted reproduction—Effect of dissolution of marriage or domestic partnership) and 2011 c 283 s 50 & 2002 c 302 s 606;

(72) RCW 26.26.730 (Child of assisted reproduction—Parental status of deceased individual) and 2011 c 283 s 51 & 2002 c 302 s 607;

(73) RCW 26.26.735 (Child of assisted reproduction—Effect of agreement between egg donor and woman who gives birth) and 2011 c 283 s 52 & 2002 c 302 s 608;

(74) RCW 26.26.740 (Child of assisted reproduction—Issuance of birth certificate) and 2002 c 302 s 609;

(75) RCW 26.26.750 (Identifying information—Requirement to provide—Disclosure) and 2011 c 283 s 53;

(76) RCW 26.26.760 (Sexual assault resulting in pregnancy—Parental rights and responsibilities) and 2017 c 234 s 1;

(77) RCW 26.26.903 (Uniformity of application and construction—2002 c 302) and 2011 c 283 s 54 & 2002 c 302 s 709;

(78) RCW 26.26.904 (Transitional provision) and 2002 c 302 s 712;

(79) RCW 26.26.911 (Short title—2002 c 302) and 2011 c 283 s 55 & 2002 c 302 s 101; and

(80) RCW 26.26.914 (Construction—Chapter applicable to state registered domestic partnerships—2009 c 521) and 2009 c 521 s 67.

(1) Sections 101 through 107 of this act must be codified under the subchapter heading "general provisions."

(2) Sections 201 through 206 of this act must be codified under the subchapter heading "parent-child relationship."

(3) Sections 301 through 314 of this act must be codified under the subchapter heading "voluntary acknowledgment of parentage."

(4) Sections 401 through 412 of this act must be codified under the subchapter heading "genetic testing."

(5)(a) Sections 501 through 523 of this act must be codified under the subchapter heading "proceeding to adjudicate parentage."

(b) Sections 501 through 505 of this act must be codified under the subchapter heading "proceeding to adjudicate parentage" with the subheading "nature of proceeding."

(c) Sections 506 through 514 of this act must be codified under the subchapter heading "proceeding to adjudicate parentage" with the subheading "special rules for proceeding to adjudicate parentage."

(d) Sections 515 through 523 of this act must be codified under the subchapter heading "proceeding to adjudicate parentage" with the subheading "hearing and adjudication."

(6) Sections 601 through 608 of this act must be codified under the subchapter heading "assisted reproduction."

(7)(a) Sections 701 through 718 of this act must be codified under the subchapter heading "surrogacy agreement."

(b) Sections 701 through 707 of this act must be codified under the subchapter heading "surrogacy agreement" with the subheading "general requirements."

(c) Sections 708 through 712 of this act must be codified under the subchapter heading "surrogacy agreement" with the subheading "special rules for gestational surrogacy agreement."

(d) Sections 713 through 718 of this act must be codified under the subchapter heading "surrogacy agreement" with the subheading "special rules for genetic surrogacy agreement."

(8) Sections 801 through 806 of this act must be codified under the subchapter heading "information about donor."

(9) Sections 901 through 903 of this act must be codified under the subchapter heading "miscellaneous provisions."

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