reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 26 - Domestic Relations › Chapter 26.26A - Uniform Parentage Act. › 26.26A.420 - Proceeding to adjudicate parentage—Venue.

RCW 26.26A.420
Proceeding to adjudicate parentage—Venue.
Except as otherwise provided in RCW 26.26A.730, venue for a proceeding to adjudicate parentage is in the county of this state in which:
(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.
[ 2018 c 6 § 505.]
2023 Revised Code of Washington › Title 26 - Domestic Relations › Chapter 26.26A - Uniform Parentage Act. › 26.26A.425 - Proceeding to adjudicate parentage—Admissibility of results of genetic testing.

RCW 26.26A.425
Proceeding to adjudicate parentage—Admissibility of results of genetic testing.
(1) Except as otherwise provided in RCW 26.26A.305(2), the court shall admit a report of genetic testing ordered by the court under RCW 26.26A.310 as evidence of the truth of the facts asserted in the report.
(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.
[ 2018 c 6 § 506.]
2023 Revised Code of Washington › Title 26 - Domestic Relations › Chapter 26.26A - Uniform Parentage Act. › 26.26A.430 - Adjudicating parentage of child with alleged genetic parent.

RCW 26.26A.430
Adjudicating parentage of child with alleged genetic parent.
(1) A proceeding to determine whether an alleged genetic parent who is not a presumed parent is a parent of a child may be commenced:
(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 RCW 26.26A.465, 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 RCW 26.26A.325 as a genetic parent of the child and the identification is not successfully challenged under RCW 26.26A.325;
(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 RCW 26.26A.465 and subject to other limitations in RCW 26.26A.400 through 26.26A.515, 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 RCW 26.26A.460.
[ 2018 c 6 § 507.]
2023 Revised Code of Washington › Title 26 - Domestic Relations › Chapter 26.26A - Uniform Parentage Act. › 26.26A.435 - Adjudicating parentage of child with presumed parent.

RCW 26.26A.435
Adjudicating parentage of child with presumed parent.
(1) A proceeding to determine whether a presumed parent is a parent of a child may be commenced:
(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 RCW 26.26A.115 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 RCW 26.26A.465, 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 RCW 26.26A.325 as a genetic parent of the child and that identification is not successfully challenged under RCW 26.26A.325, the court shall adjudicate the presumed parent to be a parent of the child.
(c) If the presumed parent is not identified under RCW 26.26A.325 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 RCW 26.26A.460 (1) and (2).
(4) Except as otherwise provided in RCW 26.26A.465 and subject to other limitations in RCW 26.26A.400 through 26.26A.515, 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 RCW 26.26A.460.
[ 2018 c 6 § 508.]
2023 Revised Code of Washington › Title 26 - Domestic Relations › Chapter 26.26A - Uniform Parentage Act. › 26.26A.440 - Adjudicating claim of de facto parentage of child.

RCW 26.26A.440
Adjudicating claim of de facto parentage of child.
(1) A proceeding to establish parentage of a child under this section may be commenced only by an individual who:
(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.
[ 2018 c 6 § 509.]
2023 Revised Code of Washington › Title 26 - Domestic Relations › Chapter 26.26A - Uniform Parentage Act. › 26.26A.445 - Adjudicating parentage of child with acknowledged parent.

RCW 26.26A.445
Adjudicating parentage of child with acknowledged parent.
(1) If a child has an acknowledged parent, a proceeding to challenge the acknowledgment of parentage or a denial of parentage, brought by a signatory to the acknowledgment or denial, is governed by RCW 26.26A.240 and 26.26A.245.
(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 RCW 26.26A.405 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 RCW 26.26A.460.
[ 2018 c 6 § 510.]
2023 Revised Code of Washington › Title 26 - Domestic Relations › Chapter 26.26A - Uniform Parentage Act. › 26.26A.450 - Adjudicating parentage of child with adjudicated parent.

RCW 26.26A.450
Adjudicating parentage of child with adjudicated parent.
(1) If a child has an adjudicated parent, a proceeding to challenge the adjudication, brought by an individual who was a party to the adjudication or received notice under RCW 26.26A.410, is governed by the rules governing a collateral attack on a judgment.
(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 RCW 26.26A.405 and was not a party to the adjudication and did not receive notice under RCW 26.26A.410:
(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 RCW 26.26A.460.
[ 2018 c 6 § 511.]
2023 Revised Code of Washington › Title 26 - Domestic Relations › Chapter 26.26A - Uniform Parentage Act. › 26.26A.455 - Adjudicating parentage of child of assisted reproduction.

RCW 26.26A.455
Adjudicating parentage of child of assisted reproduction.
(1) An individual who is a parent under RCW 26.26A.600 through 26.26A.635 or the woman who gave birth to the child may bring a proceeding to adjudicate parentage. If the court determines the individual is a parent under RCW 26.26A.600 through 26.26A.635, the court shall adjudicate the individual to be a parent of the child.
(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 RCW 26.26A.600 through 26.26A.635, the court shall adjudicate the individual's parentage of the child under RCW 26.26A.460.
[ 2018 c 6 § 512.]
2023 Revised Code of Washington › Title 26 - Domestic Relations › Chapter 26.26A - Uniform Parentage Act. › 26.26A.460 - Adjudicating competing claims of parentage.

RCW 26.26A.460
Adjudicating competing claims of parentage.
(1) Except as otherwise provided in RCW 26.26A.465, in a proceeding to adjudicate competing claims of, or challenges under RCW 26.26A.435(3), 26.26A.445, or 26.26A.450 to, parentage of a child by two or more individuals, the court shall adjudicate parentage in the best interest of the child, based on:
(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.
[ 2018 c 6 § 513.]
2023 Revised Code of Washington › Title 26 - Domestic Relations › Chapter 26.26A - Uniform Parentage Act. › 26.26A.475 - Combining a proceeding to adjudicate parentage with other proceedings.

RCW 26.26A.475
Combining a proceeding to adjudicate parentage with other proceedings.
(1) Except as otherwise provided in subsection (2) of this section, the court may combine a proceeding to adjudicate parentage under this chapter with a proceeding for adoption or termination of parental rights under chapter 26.33 RCW; determination of a parenting plan, child support, annulment, dissolution of marriage, dissolution of a domestic partnership, or legal separation under chapter 26.09 or 26.19 RCW; or probate or administration of an estate under chapter 11.48 or 11.54 RCW; or other appropriate proceeding.
(2) A respondent may not combine a proceeding described in subsection (1) [of this section] with a proceeding to adjudicate parentage brought under the uniform interstate family support act, chapter 26.21A RCW.
[ 2018 c 6 § 516.]
2023 Revised Code of Washington › Title 26 - Domestic Relations › Chapter 26.26A - Uniform Parentage Act. › 26.26A.480 - Proceeding to adjudicate parentage—Before birth of child.

RCW 26.26A.480
Proceeding to adjudicate parentage—Before birth of child.
Except as otherwise provided in RCW 26.26A.700 through 26.26A.785, a proceeding to adjudicate parentage may be commenced before the birth of the child and an order or judgment may be entered before birth, but enforcement of the order or judgment must be stayed until the birth of the child. It is the responsibility of the parent to present the order or judgment to the hospital, midwife, or other party handling the delivery of the child so that the birth record may be entered properly.
[ 2018 c 6 § 517.]
2023 Revised Code of Washington › Title 26 - Domestic Relations › Chapter 26.26A - Uniform Parentage Act. › 26.26A.485 - Proceeding to adjudicate parentage—Child as party—Representation.

RCW 26.26A.485
Proceeding to adjudicate parentage—Child as party—Representation.
(1) A minor child is a permissive party but not a necessary party to a proceeding under RCW 26.26A.400 through 26.26A.515.
(2) The court shall appoint a guardian ad litem, subject to RCW 74.20.310, to represent a child in a proceeding under RCW 26.26A.400 through 26.26A.515, if the court finds that the interests of the child are not adequately represented.
[ 2018 c 6 § 518.]
2023 Revised Code of Washington › Title 26 - Domestic Relations › Chapter 26.26A - Uniform Parentage Act. › 26.26A.490 - Proceeding to adjudicate parentage—Without jury.

RCW 26.26A.490
Proceeding to adjudicate parentage—Without jury.
The court shall adjudicate parentage of a child without a jury.
[ 2018 c 6 § 519.]
2023 Revised Code of Washington › Title 26 - Domestic Relations › Chapter 26.26A - Uniform Parentage Act. › 26.26A.500 - Proceeding to adjudicate parentage—Hearing—Inspection of records.

RCW 26.26A.500
Proceeding to adjudicate parentage—Hearing—Inspection of records.
(1) On request of a party and for good cause, the court may close a proceeding under RCW 26.26A.400 through 26.26A.515 to the public.
(2) A final order in a proceeding under RCW 26.26A.400 through 26.26A.515 is available for public inspection. Except as provided by applicable court rules, records entered after the entry of a final order determining parentage in a proceeding under this chapter are publicly accessible.
[ 2019 c 46 § 1001; 2018 c 6 § 520.]
2023 Revised Code of Washington › Title 26 - Domestic Relations › Chapter 26.26A - Uniform Parentage Act. › 26.26A.505 - Proceeding to adjudicate parentage—Dismissal for want of prosecution—Without prejudice.

RCW 26.26A.505
Proceeding to adjudicate parentage—Dismissal for want of prosecution—Without prejudice.
The court may dismiss a proceeding under this chapter for want of prosecution only without prejudice. An order of dismissal for want of prosecution purportedly with prejudice is void and has only the effect of a dismissal without prejudice.
[ 2018 c 6 § 521.]
2023 Revised Code of Washington › Title 26 - Domestic Relations › Chapter 26.26A - Uniform Parentage Act. › 26.26A.510 - Order adjudicating parentage.

RCW 26.26A.510
Order adjudicating parentage.
(1) An order adjudicating parentage must identify the child in a manner provided by law of this state other than this chapter.
(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 RCW 26.26A.400 through 26.26A.515. 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 RCW 26.26A.400 through 26.26A.515, 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 RCW 26.26A.400 through 26.26A.515, 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 RCW 26.26A.400 through 26.26A.515, 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 RCW 26.26A.400 through 26.26A.515 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.
[ 2018 c 6 § 522.]
2023 Revised Code of Washington › Title 26 - Domestic Relations › Chapter 26.26A - Uniform Parentage Act. › 26.26A.515 - Binding effect of determination of parentage.

RCW 26.26A.515
Binding effect of determination of parentage.
(1) Except as otherwise provided in subsection (2) of this section:
(a) A signatory to an acknowledgment of parentage or denial of parentage is bound by the acknowledgment and denial as provided in RCW 26.26A.200 through 26.26A.265; 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 RCW 26.26A.600 through 26.26A.635 or 26.26A.700 through 26.26A.785; 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 RCW 26.26A.450, 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.
[ 2018 c 6 § 523.]
2023 Revised Code of Washington › Title 26 - Domestic Relations › Chapter 26.26A - Uniform Parentage Act. › 26.26A.600 - Scope—Assisted reproduction—RCW 26.26A.600 through 26.26A.635.

RCW 26.26A.600
Scope—Assisted reproduction—RCW 26.26A.600 through 26.26A.635.
This subchapter, RCW 26.26A.600 through 26.26A.635, does not apply to the birth of a child conceived by sexual intercourse or assisted reproduction under a surrogacy agreement under RCW 26.26A.700 through 26.26A.785.
[ 2018 c 6 § 601.]
2023 Revised Code of Washington › Title 26 - Domestic Relations › Chapter 26.26A - Uniform Parentage Act. › 26.26A.605 - Assisted reproduction—Parental status of donor.

RCW 26.26A.605
Assisted reproduction—Parental status of donor.
A donor is not a parent of a child conceived by assisted reproduction.
[ 2018 c 6 § 602.]
2023 Revised Code of Washington › Title 26 - Domestic Relations › Chapter 26.26A - Uniform Parentage Act. › 26.26A.610 - Parentage of child of assisted reproduction.

RCW 26.26A.610
Parentage of child of assisted reproduction.
An individual who consents under RCW 26.26A.615 to assisted reproduction by a woman with the intent to be a parent of a child conceived by the assisted reproduction is a parent of the child.
[ 2018 c 6 § 603.]
2023 Revised Code of Washington › Title 26 - Domestic Relations › Chapter 26.26A - Uniform Parentage Act. › 26.26A.615 - Consent to assisted reproduction.

RCW 26.26A.615
Consent to assisted reproduction.
(1) Except as otherwise provided in subsection (2) of this section, the consent described in RCW 26.26A.610 must be in a record signed by a woman giving birth to a child conceived by assisted reproduction and an individual who intends to be a parent of the child.
(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.
[ 2018 c 6 § 604.]
2023 Revised Code of Washington › Title 26 - Domestic Relations › Chapter 26.26A - Uniform Parentage Act. › 26.26A.620 - Assisted reproduction—Limitation on spouse's dispute of parentage.

RCW 26.26A.620
Assisted reproduction—Limitation on spouse's dispute of parentage.
(1) Except as otherwise provided in subsection (2) of this section, an individual who, at the time of a child's birth, is the spouse of the woman who gave birth to the child by assisted reproduction may not challenge the individual's parentage of the child unless:
(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 RCW 26.26A.630.
(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.
[ 2018 c 6 § 605.]
2023 Revised Code of Washington › Title 26 - Domestic Relations › Chapter 26.26A - Uniform Parentage Act. › 26.26A.625 - Assisted reproduction—Effect of certain legal proceedings regarding marriage or domestic partnership.

RCW 26.26A.625
Assisted reproduction—Effect of certain legal proceedings regarding marriage or domestic partnership.
If a marriage or domestic partnership of a woman who gives birth to a child conceived by assisted reproduction is terminated through dissolution, subject to legal separation, declared invalid, or annulled before transfer of gametes or embryos to the woman, a former spouse or domestic partner of the woman is not a parent of the child unless the former spouse or domestic partner consented in a record that the former spouse or domestic partner would be a parent of the child if assisted reproduction were to occur after a dissolution, legal separation, declaration of invalidity, or annulment, and the former spouse or domestic partner did not withdraw consent under RCW 26.26A.630.
[ 2018 c 6 § 606.]
2023 Revised Code of Washington › Title 26 - Domestic Relations › Chapter 26.26A - Uniform Parentage Act. › 26.26A.630 - Assisted reproduction—Withdrawal of consent.

RCW 26.26A.630
Assisted reproduction—Withdrawal of consent.
(1) An individual who consents under RCW 26.26A.615 to assisted reproduction may withdraw consent any time before a transfer that results in a pregnancy, by giving notice in a record of the withdrawal of consent to the woman who agreed to give birth to a child conceived by assisted reproduction and to any clinic or health care provider facilitating the assisted reproduction. Failure to give notice to the clinic or health care provider does not affect a determination of parentage under this chapter.
(2) An individual who withdraws consent under subsection (1) of this section is not a parent of the child under this chapter.
[ 2018 c 6 § 607.]
2023 Revised Code of Washington › Title 26 - Domestic Relations › Chapter 26.26A - Uniform Parentage Act. › 26.26A.635 - Assisted reproduction—Parental status of deceased individual.

RCW 26.26A.635
Assisted reproduction—Parental status of deceased individual.
(1) If an individual who intends to be a parent of a child conceived by assisted reproduction dies during the period between the transfer of a gamete or embryo and the birth of the child, the individual's death does not preclude the establishment of the individual's parentage of the child if the individual otherwise would be 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.
[ 2018 c 6 § 608.]
2023 Revised Code of Washington › Title 26 - Domestic Relations › Chapter 26.26A - Uniform Parentage Act. › 26.26A.700 - Definitions—Surrogacy agreement—RCW 26.26A.700 through 26.26A.785.

RCW 26.26A.700
Definitions—Surrogacy agreement—RCW 26.26A.700 through 26.26A.785.
The definitions in this section apply throughout this subchapter, RCW 26.26A.700 through 26.26A.785, unless the context clearly requires otherwise.
(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 RCW 26.26A.700 through 26.26A.785.
(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 RCW 26.26A.700 through 26.26A.785.
(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.
[ 2018 c 6 § 701.]
2023 Revised Code of Washington › Title 26 - Domestic Relations › Chapter 26.26A - Uniform Parentage Act. › 26.26A.705 - Eligibility to enter gestational or genetic surrogacy agreement.

RCW 26.26A.705
Eligibility to enter gestational or genetic surrogacy agreement.
(1) To execute an agreement to act as a gestational or genetic surrogate, a woman must:
(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.
[ 2018 c 6 § 702.]
2023 Revised Code of Washington › Title 26 - Domestic Relations › Chapter 26.26A - Uniform Parentage Act. › 26.26A.710 - Requirements of gestational or genetic surrogacy agreement—Process.

RCW 26.26A.710
Requirements of gestational or genetic surrogacy agreement—Process.
A surrogacy agreement must be executed in compliance with the following rules:
(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 RCW 26.26A.705.
(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 RCW 26.26A.705.
[ 2018 c 6 § 703.]
2023 Revised Code of Washington › Title 26 - Domestic Relations › Chapter 26.26A - Uniform Parentage Act. › 26.26A.720 - Surrogacy agreement—Effect of subsequent change of marital status.

RCW 26.26A.720
Surrogacy agreement—Effect of subsequent change of marital status.
(1) Unless a surrogacy agreement expressly provides otherwise:
(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 RCW 26.26A.765, the intended parents are the parents of the child.
[ 2018 c 6 § 705.]
2023 Revised Code of Washington › Title 26 - Domestic Relations › Chapter 26.26A - Uniform Parentage Act. › 26.26A.725 - Surrogacy agreement—Inspection of documents.

RCW 26.26A.725
Surrogacy agreement—Inspection of documents.
Unless the court orders otherwise, a petition and any other document related to a surrogacy agreement filed with the court under RCW 26.26A.700 through 26.26A.785, are not open to inspection by any individual other than the parties to the proceeding, a child conceived by assisted reproduction under the agreement, their attorneys, and the state registrar of vital statistics. A court may not authorize an individual to inspect a document related to the agreement, unless required by exigent circumstances. The individual seeking to inspect the document may be required to pay the expense of preparing a copy of the document to be inspected.
[ 2018 c 6 § 706.]
2023 Revised Code of Washington › Title 26 - Domestic Relations › Chapter 26.26A - Uniform Parentage Act. › 26.26A.730 - Surrogacy agreement—Venue—Exclusive, continuing jurisdiction.

RCW 26.26A.730
Surrogacy agreement—Venue—Exclusive, continuing jurisdiction.
(1) Notwithstanding the provisions of RCW 26.26A.420, venue for a proceeding under this subchapter, RCW 26.26A.700 through 26.26A.785, may be in a county of this state in which:
(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.
[ 2018 c 6 § 707.]
2023 Revised Code of Washington › Title 26 - Domestic Relations › Chapter 26.26A - Uniform Parentage Act. › 26.26A.735 - Gestational surrogacy agreement—Termination.

RCW 26.26A.735
Gestational surrogacy agreement—Termination.
(1) A party to a gestational surrogacy agreement may terminate the agreement, at any time before an embryo transfer, by giving notice of termination in a record to all other parties. If an embryo transfer does not result in a pregnancy, a party may terminate the agreement at any time before a subsequent embryo transfer.
(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.
[ 2018 c 6 § 708.]
2023 Revised Code of Washington › Title 26 - Domestic Relations › Chapter 26.26A - Uniform Parentage Act. › 26.26A.740 - Gestational surrogacy agreement—Parentage.

RCW 26.26A.740
Gestational surrogacy agreement—Parentage.
(1) Except as otherwise provided in subsection (3) of this section or RCW 26.26A.745(2) or 26.26A.755, on birth of a child conceived by assisted reproduction under a gestational surrogacy agreement, each intended parent is, by operation of law, a parent of the child.
(2) Except as otherwise provided in subsection (3) of this section or RCW 26.26A.755, 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 RCW 26.26A.005 through 26.26A.515.
(4) Except as otherwise provided in subsection (3) of this section or RCW 26.26A.745(2) or 26.26A.755, 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.
[ 2018 c 6 § 709.]
2023 Revised Code of Washington › Title 26 - Domestic Relations › Chapter 26.26A - Uniform Parentage Act. › 26.26A.745 - Gestational surrogacy agreement—Parentage of deceased intended parent.

RCW 26.26A.745
Gestational surrogacy agreement—Parentage of deceased intended parent.
(1) RCW 26.26A.740 applies to an intended parent even if the intended parent died during the period between the transfer of a gamete or embryo and the birth of the child.
(2) Except as otherwise provided in RCW 26.26A.755, 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.
[ 2018 c 6 § 710.]
2023 Revised Code of Washington › Title 26 - Domestic Relations › Chapter 26.26A - Uniform Parentage Act. › 26.26A.750 - Gestational surrogacy agreement—Order of parentage.

RCW 26.26A.750
Gestational surrogacy agreement—Order of parentage.
(1) Except as otherwise provided in RCW 26.26A.740(3) or 26.26A.755, before, on, or after the birth of a child conceived by assisted reproduction under a gestational surrogacy agreement, a party to the agreement may commence a proceeding in the superior court for an order or judgment:
(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 RCW 26.26A.725;
(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.
[ 2018 c 6 § 711.]
2023 Revised Code of Washington › Title 26 - Domestic Relations › Chapter 26.26A - Uniform Parentage Act. › 26.26A.755 - Gestational surrogacy agreement—Effect.

RCW 26.26A.755
Gestational surrogacy agreement—Effect.
(1) A gestational surrogacy agreement that complies with RCW 26.26A.705, 26.26A.710, and 26.26A.715 is enforceable.
(2) If a child was conceived by assisted reproduction under a gestational surrogacy agreement that does not comply with RCW 26.26A.705, 26.26A.710, and 26.26A.715, 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.
[ 2018 c 6 § 712.]
2023 Revised Code of Washington › Title 26 - Domestic Relations › Chapter 26.26A - Uniform Parentage Act. › 26.26A.760 - Genetic surrogacy agreement—Requirements for validation.

RCW 26.26A.760
Genetic surrogacy agreement—Requirements for validation.
(1) Except as otherwise provided in RCW 26.26A.775, to be enforceable, a genetic surrogacy agreement must be validated by the superior court. A proceeding to validate the agreement must be commenced before assisted reproduction related to the surrogacy agreement.
(2) The court shall issue an order validating a genetic surrogacy agreement if the court finds that:
(a) RCW 26.26A.705, 26.26A.710, and 26.26A.715 are satisfied; and
(b) All parties entered into the agreement voluntarily and understand its terms.
(3) An individual who terminates under RCW 26.26A.765 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.
[ 2018 c 6 § 713.]