In 2019, Washington passed the Uniform Parentage Act, which made surrogacy legal for everyone.

If you’re an LGBT couple considering surrogacy, Washington’s gay surrogacy laws mean you won’t face the discrimination or legal hurdles you might encounter in other states. Both you and your partner can be recognized as legal parents from the moment your baby is born, without needing adoption paperwork later.

This guide walks through everything you need to know about pursuing surrogacy as an LGBT couple in Washington, including how to get a pre-birth order and what birth certificates look like. Connect with a surrogacy professional today to start your family-building journey.

Pre-Birth Orders for LGBT Couples: What You Need to Know

The state’s law allows pre-birth orders for all intended parents, including unmarried couples, LGBT couples, single parents and couples with no genetic connection to the child. This means you can get a pre-birth order as a same-sex couple that establishes you as the legal parents for surrogacy.

You can petition for this order during pregnancy, and it becomes effective the moment your baby is born. This gives you immediate parental rights and the authority to make medical decisions for your child right away.

Can Non-Genetic LGBT Parents Establish Legal Parentage?

Under Washington’s law, both LGBT partners can be declared legal parents even without genetic connections to the baby. This means two dads using surrogacy with donor eggs and/or sperm will be recognized as legal parents. Similarly, two moms using donor gametes will both get full legal recognition.

This is different from many other states where the non-genetic parent might need to do a second-parent adoption after the baby is born. Washington eliminates that extra step and expense through its LGBT surrogacy laws.

Is There Legal Recognition for Unmarried Couples?

Washington treats unmarried couples exactly the same as married couples when it comes to surrogacy. You don’t need to be legally married to both be recognized as parents on your child’s birth certificate. This is particularly important for LGBT couples who might not want to marry or who live in areas where they feel less comfortable being openly married.

Can Single LGBT Individuals Become Parents Through Surrogacy in Washington?

Single LGBT parents have full access to surrogacy in Washington. You can get a pre-birth order whether you’re using your own genetics with a donor or using both donor egg and sperm.

The legal process is essentially the same as for couples. You’ll be listed as the sole parent on your child’s birth certificate from birth, without needing to go through adoption procedures later.

How Birth Certificates Work for Gay Couples Using Surrogacy in Washington

Washington gives you flexibility in how you’re listed on your child’s birth certificate. According to the state’s Department of Health, parents can choose whether to use traditional “Mother” and “Father” labels or select alternative designations that better reflect your family.

LGBT couples can work with their attorneys during the pre-birth order process to specify how they want to be listed. This gives you control over your family’s official documentation from day one.

What Is the Birth Certificate Processing Timeline?

With a proper pre-birth order in place, your child’s birth certificate processing should be streamlined since the legal parentage is already established. However, processing times still depend on how you order.

• In Person: If you visit a county health department in person, you can typically receive your birth certificate the same day.
• Online: Online or phone orders through VitalChek take three to seven business days.
• Mail: Mail orders are the slowest option, taking six to 10 weeks.

Keep in mind you’ll need to wait at least 15 days after birth before applying, as it takes time for hospital birth filings to upload to the state database.

Do You Need Second-Parent Adoption After Surrogacy in Washington?

In most cases, no. Gay parents do not need to adopt their own child in Washington. The state’s pre-birth orders are comprehensive enough that you won’t need additional adoption proceedings. Both parents are established as legal parents immediately when the baby is born.

Some families choose to complete a second-parent adoption anyway, usually for extra peace of mind or if they plan to move to a state with less LGBT-friendly laws. But it’s not typically required in Washington.

How Surrogacy Contracts Protect LGBT Families in Washington

Surrogacy contracts serve as the legal foundation that ensures LGBT intended parents’ rights are protected throughout the entire process. Washington’s 2019 law strengthens these protections by requiring specific safeguards:

• All parties must have independent legal representation.
• Both intended parents and the surrogate must be at least 21 years old.
• Everyone involved must complete medical and mental health screening.
• The surrogate must have had at least one successful pregnancy before.
• Financial arrangements must go through licensed escrow accounts.

When properly executed, these contracts establish clear parental rights for both partners from the outset, eliminate financial vulnerabilities and provide documented evidence of informed consent from all parties. This framework ensures that LGBT families can pursue surrogacy with legal security and peace of mind in Washington.

Working With a Surrogacy Agency: Key Considerations for LGBT Couples

While Washington’s laws are LGBT-friendly, having professional support helps you navigate the process smoothly and take full advantage of the legal protections available to you.

Here are several benefits of working with a surrogacy agency that helps gay couples in Washington:

• Access to pre-screened surrogates who specifically want to help LGBT couples
• Supportive staff who understand the unique aspects of LGBT family building
• Established relationships with LGBT-friendly attorneys and medical providers
• Help coordinating all the legal requirements and timelines

How to Find LGBT-Friendly Surrogacy Attorneys

Having an attorney who fully understands the surrogacy laws for LGBTQ couples in Washington is crucial. Here are some experienced attorneys licensed in Washington:

• Ralph Tsong (Cerritos, CA): Ralph has 25 years of experience and has focused exclusively on assisted reproduction technology (ART) law since 2016.
• Tabitha Koh (Portland, OR): Tabitha is a UC Berkeley Law graduate with 18 years of experience.
• Stephanie Caballero (Licensed in 6 states): Stephanie transformed her personal eight-year infertility journey into serving over 3,000 clients since 2005
• Michelle Keeyes (La Mesa, CA): Michelle is the past Chair of the American Society for Reproductive Medicine’s Legal Professionals Group and key architect of evolving reproductive law standards through the American Bar Association.
• Beth Wolfsong (Portland, OR): Beth is an AAAA fellow since 2016 with 23 years of experience.
• Sandra Hodgson (Portland, OR): Sandra is an attorney with 40 years of experience.
• Erin Robinson (Newberg, OR): Erin has over 20 years of ART and surrogacy experience.
• Jennifer Wolfsong (Portland, OR): Jennifer has 20 years of experience combining family law expertise with environmental and social justice advocacy.
• John Chally (Portland, OR): John has 35 years of adoption and surrogacy law expertise.
• Dimitra Scott (Edmonds, Bothell): Dimitra has 21 years of experience and is an AAAA fellow.
• Raegen Rasnic (Seattle): Raegen is a nationally recognized ART practitioner with 29 years of experience.
• Rachel Culver (Seattle): Rachel is an attorney with exceptional client testimonials specifically praising her work with LGBT families.
• Janna Annest (Seattle): Janna is a University of Washington Law honors graduate, an adoptive parent and chair of AAAA’s Independent Adoption Committee.
• Mark Demaray (Edmonds, Bothell): Mark is the former AAAA president with over 6,000 adoption and ART cases across 44 years of practice.

Getting Started With LGBT Surrogacy in Washington

Washington State makes surrogacy accessible and legally secure for LGBT families through its gay surrogacy laws. You can feel confident that the law is on your side and that both you and your partner will be recognized equally from the moment your child is born.

Start your surrogacy journey by connecting with professionals who can guide you through your family-building journey.