Washington State's surrogacy laws transformed the Pacific Northwest into one of the nation's most inclusive destinations for LGBT family building. The 2019 Uniform Parentage Act didn't just legalize compensated surrogacy—it revolutionized the entire legal landscape by explicitly protecting all intended parents regardless of marital status, genetic connection, or sexual orientation.
This groundbreaking legislation places Washington at the forefront of LGBT surrogacy laws, offering universal pre-birth order access, comprehensive anti-discrimination protections, and streamlined legal processes that eliminate the barriers LGBT couples face in less progressive states.
Get Started with Your Washington Surrogacy Journey
What makes Washington extraordinary isn't just its progressive stance—it's the deliberate engineering of laws that actively promote LGBT family equality. From the flexibility of venue options to the universality of pre-birth orders, every aspect of Washington's system was designed to ensure same-sex couples receive identical treatment to opposite-sex couples.
LGBT Surrogacy Laws in Washington and Establishing Parentage: Will We Get a Pre-Birth Order?
Washington's pre-birth order system eliminates virtually every barrier that challenges LGBT intended parents in other jurisdictions.
Universal Access:
- No marriage requirements - unmarried couples receive identical treatment
- No genetic connection necessary - both partners recognized regardless of biological ties
- No sexual orientation restrictions - same-sex couples treated equally with opposite-sex couples
- No medical necessity requirements - access based on desire, not medical diagnosis
Washington's Unique Inclusivity Language: "Pre-birth orders are granted regardless of intended parents' marital status, sexual preference, genetic connection, or medical need for surrogacy"
Practical Advantages for LGBT Couples:
- Both partners recognized from moment of birth regardless of genetic contribution
- Immediate legal authority without waiting periods or additional procedures
- Birth certificates reflect intended parents from original issuance
- Hospital recognition of both parents' rights and decision-making authority
Geographic Accessibility: Washington's flexible venue options allow couples to file in multiple counties based on residence, surrogate location, or medical procedures—maximizing access for regional LGBT families.
What If We’re Not Married — Can We Both Be Legal Parents?
Yes. Unlike states where marriage determines legal outcomes, Washington treats all family structures identically under its revolutionary 2019 framework.
Washington's statute explicitly states that pre-birth orders are available "regardless of intended parents' marital status"—making it one of the few states where unmarried LGBT couples enjoy truly equal treatment.
I’m a Single Parent — Can I Still Be Declared the Legal Parent in Washington?
Washington's inclusive framework allows single intended parents to legally be declared parents.
Universal Single-Parent Access:
- Pre-birth orders available regardless of genetic connection
- No additional restrictions beyond standard surrogacy requirements
- Anti-discrimination protection throughout medical and legal processes
- Streamlined procedures identical to other family structures
What Single Parents Can Expect:
- Legal representation requirements consistent with all surrogacy cases
- Medical and psychological screening following established protocols
- Financial planning support for single-parent family building
- Birth certificate processing listing single parent from birth
How Will Our Names Appear on the Birth Certificate in Washington?
Same-sex Washington intended parents will be listed as parent & parent on their child’s birth certificate.
How Long Will It Take to Get the Birth Certificate?
Typically the birth certificate will arrive within a few weeks of birth.
Why Second-Parent Adoption Is Typically Unnecessary
Washington's comprehensive pre-birth order system eliminates adoption requirements for virtually all LGBT couples.
When Adoption ISN'T Needed:
- Valid pre-birth order obtained covering both intended parents
- Both partners listed on original birth certificate from birth
- Proper statutory compliance throughout surrogacy process
- Legal procedures correctly executed by experienced professionals
When Some Families Choose Additional Protection:
- Interstate travel considerations to less LGBT-friendly jurisdictions
- International family planning for those considering overseas relocation
- Extra legal security for maximum peace of mind
- Employment benefit requirements needing specific documentation formats
The comprehensive nature of Washington's pre-birth orders typically makes additional adoption procedures unnecessary—saving time, money, and legal complexity for LGBT families.
Contract Protections: How Washington Law Shields LGBT Families
Washington's detailed statutory framework mandates specific protections that directly benefit LGBT intended parents.
Mandatory Contract Elements:
- Independent legal representation required for all parties
- Mental health consultations ensuring informed decision-making
- Anti-discrimination language protecting LGBT intended parents
- Venue selection flexibility optimizing court jurisdiction
- Financial protection standards including escrow requirements
LGBT-Specific Statutory Protections:
- Universal recognition language regardless of genetics or marriage status
- Equal treatment guarantees preventing sexual orientation discrimination
- Hospital coordination clauses ensuring medical staff respect parental rights
- Emergency decision-making authority for both intended parents
Enhanced Security Features:
- Court jurisdiction oversight from contract execution through 90 days post-birth
- Mandatory professional standards for attorneys and brokers
- Financial transparency requirements protecting intended parents' investments
- Regulatory compliance ensuring all parties meet statutory standards
Why Work With a Surrogacy Agency If You’re an LGBT Couple in Washington
Washington's progressive laws create opportunities that require expertise to maximize—American Surrogacy delivers unparalleled Washington LGBT success through faster matching and strategic legal coordination.
Faster LGBT Matching in Washington:
- LGBT-Enthusiastic Surrogates: Access to surrogates who specifically prefer working with same-sex couples, reducing match times from months to weeks
- Cultural Competency Matching: Connection with surrogates who understand and celebrate diverse family structures, eliminating awkward conversations and potential conflicts
- Regional Network Access: Established relationships throughout Washington and Pacific Northwest LGBT surrogacy community
Finding an LGBT-Friendly Surrogacy Attorney in Washington
Washington boasts an advanced network of LGBT surrogacy attorneys in the United States, with legal professionals who specialize in the state's groundbreaking 2019 Uniform Parentage Act and its comprehensive protections for same-sex families.
Top Washington LGBT Surrogacy Attorneys:
Seattle:
Raegen Rasnic, Skellenger Bender – AAAA Fellow with nationally recognized ART practice. Washington Super Lawyers honoree (2016-2025). Specializes in complex family law, adoption, and assisted reproduction.
Edmonds:
Dimitra Scott, Beresford Booth – AAAA Fellow and National Academy of Family Law Attorneys "TOP 10 Attorney Award" recipient for Washington State 2025. Martindale-Hubbell Client Champion Award winner 2023-2025. Experienced in family formation law.
Mark M. Demaray, Law Offices of Mark M. Demaray (Of Counsel at Beresford Booth) – Over 30 years dedicated to building families through adoption and assisted reproduction with 6,000+ cases completed. Nationally recognized practice serving Washington and throughout the country. AAAA member with extensive surrogacy experience.
What to Look for in Your Washington Attorney:
- Washington 2019 Uniform Parentage Act expertise with LGBT applications
- Court relationship experience across Washington's county systems
- Statutory compliance specialization with complex legal requirements
- LGBT cultural competency and genuine commitment to diverse families
How to Get Started With LGBT Surrogacy in Washington
Washington State's 2019 Uniform Parentage Act represents the pinnacle of LGBT surrogacy laws—a comprehensive, inclusive framework that sets the standard for progressive family building legislation.
The state's approach doesn't just permit LGBT surrogacy—it actively champions it through universal access, anti-discrimination protections, and streamlined procedures designed specifically to eliminate traditional barriers facing same-sex couples.
American Surrogacy's Washington expertise ensures you access every advantage while navigating the most advanced LGBT-friendly surrogacy system in America.