{"data":{"id":"us-wa/rcw-26.26a.740","jurisdiction":"us-wa","citation":"RCW 26.26A.740","heading":"Gestational surrogacy agreement—Parentage.","body":"(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.\n(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.\n(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.\n(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.","path":["Title 26","Chapter 26.26A"],"source_url":"https://app.leg.wa.gov/rcw/default.aspx?cite=26.26A.740","current_through":"July 15, 2026","vintage":"","retrieved_at":"2026-09-06T00:42:05Z","sha256":"bfe88da4aee4f254dce64171da88ccad5276f498dff7a229bbce9a02e0a64444","source_id":"us-wa","stale":false,"prev":"us-wa/rcw-26.26a.735","next":"us-wa/rcw-26.26a.745"},"notice":"GroundRules: Original legal text. Not legal advice."}