Washington has one of the most comprehensive, inclusive surrogacy laws in the country.
Is surrogacy legal in Washington?
Yes. Washington allows under its Uniform Parentage Act. There's no requirement about marital status, sexual orientation, or genetic connection to the baby, and no need to prove a medical reason for using a surrogate.
Can a surrogate be paid?
Yes. Washington's law allows the surrogate to be paid, not just for costs, with no statutory cap.
A few requirements come first:
- The surrogate must be at least 21 and have already given birth to a child of her own, with no more than two prior surrogate pregnancies
- The surrogate and each have their own independent lawyer
- Everyone completes a medical and mental health evaluation
- At least one party lives in Washington, or part of the medical process happens there
How do intended parents become the legal parents?
Washington allows a . Once it's granted, the intended parents are the legal parents from birth — no adoption necessary, regardless of marital status or genetic connection to the baby.
A few practical things to know
- Who's covered: no marital-status, sexual-orientation, or genetic-connection requirement for intended parents.
- Surrogate eligibility: at least 21, previously given birth, no more than two prior surrogate pregnancies.
- Cost: this varies based on the agency, clinic, and surrogate's compensation. See the cost calculator guide for a fuller breakdown.
- Insurance: the surrogate's pregnancy has its own set of insurance questions, separate from the legal process above — see the Washington insurance guide linked below.
This isn't legal advice
This page is here to help you learn the basics — it isn't legal advice. Every situation is a little different, and small details can change what applies to you.
Before signing any , talk to a lawyer who specializes in reproductive law in Washington. A licensed attorney hasn't reviewed this specific page yet, so please treat it as a helpful starting point for your own research, not a final legal answer.