Surrogacy in Washington: The State That Wrote Bodily Autonomy Into the Statute

Last reviewed September 2026. General education, not legal advice — confirm with a licensed Washington reproductive attorney.

Compensated gestational surrogacy is legal and enforceable in Washington. Compensation was prohibited in Washington until the state adopted the Uniform Parentage Act (RCW 26.26A), which took effect on January 1, 2019. The surrogacy provisions run from RCW 26.26A.700 through 26.26A.785.

Who Can Be a Surrogate in Washington

• At least 21 years old.
• Has previously given birth to at least one child.
• Has not entered into more than two surrogacy agreements resulting in the birth of children — Washington caps the number of journeys, which is unusual and, frankly, protective.
• Completes a medical evaluation by a licensed physician and a mental health consultation with a licensed mental health professional.
• Has independent legal representation throughout — and the intended parents are required to pay for the surrogate's attorney.

Each intended parent must also complete a medical evaluation and mental health consultation, and have their own independent counsel.

Source: RCW 26.26A.700, .705, .710, .715 and .755.

The Clause That Can't Be Bargained Away

This is the heart of the Washington framework. The agreement must preserve the surrogate's right to make all health and welfare decisions regarding her own body and the pregnancy — and any provision attempting to waive that right is void.

Not unenforceable-if-challenged. Void. Washington decided in advance that this isn't negotiable, which is a useful standard to hold your contract to no matter which state you live in. Our plain-language walkthrough of what a surrogacy contract actually covers is a good companion read.

Formalities and the Connection Requirement

• At least one party must be a Washington resident, or a medical or mental health procedure related to the agreement must occur in the state.
• The agreement must be in a written record, signed by all parties — including the surrogate's spouse, if she has one — and notarized or witnessed before any medical procedure, other than the required evaluations.
• The agreement must disclose how the intended parents will cover the surrogate's expenses and the child's medical costs, and must address the parties' rights to terminate the agreement.

Compensation and reasonable expenses are permitted. When the requirements are met, the intended parents are the exclusive parents of the child immediately upon birth.

Questions to Ask Before You Sign in Washington

1. Does the agreement explicitly preserve my health and welfare decisions — and is there anything in it that tries to limit them?
2. Was it signed and notarized before any medical procedure beyond my evaluations?
3. How many prior surrogacy journeys have I had, and does this one keep me inside the statutory limit?
4. Exactly which of my expenses are covered, and how is the child's medical care paid for?

Washington vs. California

Both are protective and both permit compensation. Washington's distinguishing features are the statutory bodily-autonomy guarantee, the journey cap, and the residency/procedure connection requirement. California has no residency condition and the longest track record of pre-birth orders. Either is a sound place to run a journey — see the full state-by-state map for the comparison.

In Washington and thinking about carrying? Take the 2-minute quiz — it'll tell you honestly what your state's law means for you — or email info@onfertilityground.com.

Start here: Become a surrogate in Washington →

General education, not legal advice. Reflects RCW 26.26A.700–785 as of September 2026. Every journey requires independent counsel for both parties and a licensed Washington reproductive attorney for any Washington-based agreement.