The Cove state guide
Statutory frameworkWashington's Uniform Parentage Act provides a statutory framework for gestational surrogacy. It includes eligibility, independent legal representation, written agreements and parentage protections.
See the rules for your familyYour family. Your legal pathway.
Start with your situation, then read the conditions. A route can depend on marriage, a genetic connection, residence, and how the court establishes each parent’s rights. More than one row may apply to your family.
Washington's surrogacy framework accommodates a single intended parent, whether or not genetically related to the child. The parent must be at least 21 and complete medical and mental-health evaluations with independent legal representation. A compliant gestational agreement provides parentage at birth, with a court order available to document it.
Sources 1Washington's statutory gestational route does not require intended parents to marry. Each parent must meet the eligibility rules and join the agreement. Both may be recognized even when only one, or neither, contributes gametes, so the non-genetic partner's status is grounded in the compliant arrangement.
Sources 1Two intended fathers can use Washington's gestational framework without a marriage or genetic-connection requirement. Both must satisfy the evaluations and counsel requirements and sign the agreement. Parentage can be confirmed by a court order addressing the carrier and any spouse as well as both fathers.
Sources 1Two intended mothers using a separate gestational carrier can use Washington's framework, whether married or unmarried. The statute expressly includes intended parents without a genetic connection. Each mother's consent, evaluation and representation must be documented; reciprocal IVF with one partner carrying follows a different legal route.
Sources 1Washington permits an arrangement with a resident party. If no party resides there, at least one medical evaluation, procedure or mental-health consultation under the agreement must occur in Washington. Overseas parents still need a compliant agreement and a separate plan for nationality, travel and foreign recognition.
Sources 12How to read these answers: “Recognized route” means the cited law or legal practice provides a pathway for that family situation. “Conditions apply” flags an additional eligibility or parentage issue. “Case-specific” means the answer depends on the facts or court practice. “Significant restriction” points to a legal obstacle explained in the answer.
These categories describe legal pathways, not a clinic’s medical criteria or a guaranteed outcome. For transgender or nonbinary parents, counsel should also examine any sex-specific wording and how the planned use of eggs, sperm, or embryos affects the route.
State law provides a gestational surrogacy framework. Eligibility, agreements, payments, and court requirements still differ.
This guide covers gestational surrogacy, where the surrogate does not provide the egg. Traditional surrogacy follows different rules. A state’s category does not determine whether your particular arrangement qualifies.
The gestational provisions accommodate intended parents without a marriage condition. Every intended parent must join the agreement and satisfy the eligibility requirements. The carrier's spouse, if any, must also participate as required; the spouses' and intended parents' roles should be kept legally distinct.
Section 26.26A.705 expressly covers intended parents whether or not genetically related to the child. Donor eggs, sperm and embryos can fit the framework. A carrier's genetic contribution would change the type of surrogacy and trigger different rules than this gestational guide describes.
At least one party must be a Washington resident or, if nobody is resident, a specified medical evaluation, procedure or mental-health consultation under the agreement must occur in Washington. Confirm the applicable state connection and court jurisdiction before finalizing the arrangement.
A compliant agreement is enforceable and must be signed before related medical procedures, apart from the specified evaluations. Intended parents must pay for the carrier's independent legal representation.
For a compliant gestational agreement, intended parentage arises at birth, subject to statutory exceptions. An order may be requested before, on or after birth; enforcement of a pre-birth order waits until birth. The agreement must precede covered medical procedures other than the required evaluations.
The agreement may provide for consideration and reasonable expenses. It should also address reimbursement if the agreement ends before a pregnancy.
A state’s parentage process and your home country’s recognition of that parentage are separate questions. Before matching, have counsel in both countries confirm the legal route, the child’s citizenship and passport requirements, and the documents needed to return home.
Plan who will obtain certified court orders and birth certificates, whether translations or authentication are needed, and how much time to allow after birth. A favorable state-law answer does not settle immigration or travel requirements.
International parentage recognition: HCCH (opens in a new tab)Learn how Cove helps intended parents explore their options and keep the journey organized.
Explore Cove for parentsSources checked October 13, 2026. Check the source’s effective date as well as its publication date.
General information, not legal advice. Laws and court practices can change. A reproductive-law attorney should confirm the rules for your circumstances before you sign an agreement or begin treatment.
