Other paths in Washington:
AT A GLANCE
Dense — Seattle, Tacoma, Spokane have established surrogacy agencies and experienced attorneys
Moderate — Smaller cities often require coordination with regional law firms and clinics
18–36 months
From initial planning through birth; varies by matching and cycle timing
Pre-birth parentage orders establish intended parents as legal parents from birth
RCW 26.26A.700–.785 is one of the nation's most protective surrogacy frameworks
Gestational surrogacy is a process where a gestational carrier carries a pregnancy using an embryo with no genetic connection to the surrogate. Washington law explicitly supports and protects this pathway.
Source: RCW 26.26A.700–.785, leg.wa.gov
Intended parents create embryos through IVF—using their own sperm and eggs, or donor sperm, eggs, or both.
A gestational surrogate is identified, either through an agency or independently. Both the surrogate and intended parents complete medical evaluations and mental health consultations with licensed professionals. Each party retains their own independent attorney, who negotiates and drafts the gestational surrogacy agreement. The agreement is signed, notarized, and filed before any medical procedures begin. The embryo is transferred to the surrogate's uterus in a frozen embryo transfer, and during pregnancy, intended parents file for a pre-birth parentage order from a Washington superior court.
Both the surrogate and the intended parents must complete medical evaluations and mental health consultations with licensed professionals.
The surrogate must have previously given birth to at least one child and not have entered into more than two prior surrogacy agreements resulting in a birth.
Every party must have independent legal representation—their own attorney, whose name is written into the agreement.
The intended parents pay for the surrogate's legal representation. The agreement must be fully executed before any medical procedures begin, other than initial evaluations.
Washington is one of the most surrogacy-friendly states in the country. The Uniform Parentage Act provides a comprehensive, enforceable framework for gestational surrogacy, with pre-birth parentage orders putting intended parents on the birth certificate from birth.
Source: RCW 26.26A.700–.785, verified March 2026
At least one party must live in Washington, or at least one medical evaluation or procedure must take place in Washington.
The agreement must be in writing and signed by every intended parent, the surrogate, and the surrogate's spouse or domestic partner (if any). All signatures must be notarized or witnessed. Every party must have independent legal representation—their own attorney, whose name is written into the agreement. The intended parents pay for the surrogate's legal representation. The agreement must be fully executed before any medical procedures begin (other than initial evaluations).
Under RCW 26.
26A.735, either party may terminate the agreement before an embryo transfer. After a confirmed pregnancy, the agreement governs the arrangement. The surrogate retains full authority over all medical decisions during pregnancy—the agreement cannot override her health and welfare decisions.
The surrogate's health insurance must be reviewed at the start of the process.
Some policies specifically exclude surrogate pregnancies. If the surrogate's plan does not cover the pregnancy, the intended parents typically purchase a supplemental plan—a cost that must be disclosed in the surrogacy agreement (RCW 26.26A.715). Your surrogacy attorney will help navigate this.
Gestational surrogacy is the most expensive family-building path. Estimated all-in costs range from $80,000–$180,000. Plan carefully and get itemized estimates from any agency or attorney before committing.
Source: peony-wa-state-guide-complete.md
Surrogacy agency fee ($20,000–$40,000), surrogate base compensation ($30,000–$60,000), surrogate expense reimbursements including travel, lost wages, maternity clothing, and childcare ($5,000–$15,000), IVF to create embryos if not already created ($15,000–$30,000), surrogate's medical costs not covered by her insurance ($5,000–$20,000), legal fees for both parties ($5,000–$15,000), pre-birth order and court costs ($1,000–$3,000), and life and disability insurance for the surrogate if required ($1,000–$3,000).
Total estimated range: $80,000–$180,000.
The surrogate's health insurance must be reviewed at the start of the process.
Some policies specifically exclude surrogate pregnancies. If the surrogate's plan doesn't cover the pregnancy, the intended parents typically purchase a supplemental plan—a cost that must be disclosed in the surrogacy agreement (RCW 26.26A.715). Your surrogacy attorney will help you navigate this.
Intended parents who work in Washington and meet the 820-hour eligibility threshold are entitled to up to 12 weeks of PFML bonding leave after birth—each parent independently.
This is paid leave at approximately 90% of your wages, up to $1,542 per week (2025). This provides meaningful income replacement during the critical bonding period.
Both intended parents are eligible for WA PFML bonding leave after the baby is born—up to 12 weeks each, independently. Federal FMLA also applies if your employer meets eligibility requirements.
Source: paidleave.wa.gov; RCW 50A.05
Both intended parents are eligible for WA PFML bonding leave after the baby is born—up to 12 weeks each, independently, within the first 12 months of the child's life.
Federal FMLA also applies if your employer has 50 or more employees and you've worked there for at least 12 months, providing unpaid, job-protected leave that runs alongside PFML. Each parent can coordinate their leave timing independently.
The surrogate—if she works in Washington and has 820+ qualifying hours—is entitled to WA PFML medical leave during pregnancy and recovery, just like any other pregnant worker.
She may receive up to 18 weeks of combined medical and family leave. The intended parents' surrogacy expenses often include reimbursing the surrogate for lost wages not covered by PFML.
Under WA HB 1213, employers with 25 or more employees must now provide job restoration and continued health coverage during PFML leave (effective January 1, 2026).
This protects both intended parents and surrogates who take PFML, ensuring they can return to their positions after leave.
Surrogacy is a relationship as much as a legal arrangement. It brings together people navigating significant vulnerability—intended parents who have often been through years of fertility care, and a surrogate who is taking on real physical risk out of generosity.
Source: peony-wa-state-guide-complete.md
Relinquishing some control during a pregnancy that involves your child is hard.
Most intended parents feel a mix of profound gratitude, anxiety, and occasional helplessness. Regular communication with your surrogate—established clearly in the agreement—helps. Mental health support before, during, and after delivery is valuable.
The emotional landscape of carrying a pregnancy for someone else is genuinely unique.
A surrogate's motivations are deeply personal and tend to be rooted in empathy and a desire to help. Having a strong support network, an experienced mental health counselor, and clear communication with the intended parents throughout the pregnancy matters.
Surrogacy brings together people navigating significant vulnerability—intended parents who have often been through years of fertility care, and a surrogate who is taking on real physical risk out of generosity.
Honoring the complexity of this relationship and maintaining open communication throughout supports the emotional well-being of all parties.
Washington explicitly protects IVF and gestational surrogacy. The state has not classified embryos as legal persons and has not restricted IVF access. The Uniform Parentage Act provides a comprehensive legal framework for surrogacy.
Source: RCW 26.26A; verified March 2026
Effective January 1, 2019.
Provides a comprehensive, enforceable framework for gestational surrogacy in Washington. Covers enforcement of surrogacy agreements, eligibility requirements for both surrogates and intended parents, and critically, pre-birth parentage orders that establish intended parents as legal parents before birth. Washington is one of the clearest and most protective surrogacy frameworks in the U.S., offering legal recognition from birth with no adoption requirement.
Washington has explicitly not passed any law classifying frozen embryos as legal persons.
IVF and gestational surrogacy remain fully legal and accessible in Washington. This protects families from the legal uncertainty affecting some other states following recent court decisions on embryo personhood.
Intended parents and surrogates who work in Washington and meet eligibility requirements can access paid family and medical leave.
This program provides meaningful income replacement during bonding and recovery periods following birth or placement.
Free to list. Providers meeting PEONY's standards are listed at no cost. No referral fees. No success-based fees. Providers may pay for enhanced placement and profile features.
Connect with others on the same path.
Join this community room →