Title 26 — Title 26 DOMESTIC RELATIONS

(1) A proceeding to determine whether a presumed parent is a parent of a child may be commenced:(a) Before the child becomes an adult; or(b) After the child becomes an adult, but only if the child initiates the proceeding.(2) A presumption of parentage under RCW 26.26A.115 cannot…

(1) A proceeding to establish parentage of a child under this section may be commenced only by an individual who:(a) Is alive when the proceeding is commenced; and(b) Claims to be a de facto parent of the child.(2) An individual who claims to be a de facto parent of a child must …

(1) If a child has an acknowledged parent, a proceeding to challenge the acknowledgment of parentage or a denial of parentage, brought by a signatory to the acknowledgment or denial, is governed by RCW 26.26A.240 and 26.26A.245.(2) If a child has an acknowledged parent, the follo…

(1) If a child has an adjudicated parent, a proceeding to challenge the adjudication, brought by an individual who was a party to the adjudication or received notice under RCW 26.26A.410, is governed by the rules governing a collateral attack on a judgment.(2) If a child has an a…

(1) An individual who is a parent under RCW 26.26A.600 through 26.26A.635 or the woman who gave birth to the child may bring a proceeding to adjudicate parentage. If the court determines the individual is a parent under RCW 26.26A.600 through 26.26A.635, the court shall adjudicat…

(1) Except as otherwise provided in RCW 26.26A.465, in a proceeding to adjudicate competing claims of, or challenges under RCW 26.26A.435(3), 26.26A.445, or 26.26A.450 to, parentage of a child by two or more individuals, the court shall adjudicate parentage in the best interest o…

(1) For the purposes of this section, "sexual assault" means nonconsensual sexual penetration that results in pregnancy.(2) In a proceeding in which a parent alleges that a person committed a sexual assault that resulted in the parent becoming pregnant and subsequently giving bir…

(1) In a proceeding under RCW 26.26A.400 through 26.26A.515, the court may issue a temporary order for child support if the order is consistent with law of this state other than this chapter and the individual ordered to pay support is:(a) A presumed parent of the child;(b) Petit…

(1) Except as otherwise provided in subsection (2) of this section, the court may combine a proceeding to adjudicate parentage under this chapter with a proceeding for adoption or termination of parental rights under chapter 26.33 RCW; determination of a parenting plan, child sup…

Except as otherwise provided in RCW 26.26A.700 through 26.26A.785, a proceeding to adjudicate parentage may be commenced before the birth of the child and an order or judgment may be entered before birth, but enforcement of the order or judgment must be stayed until the birth of …

(1) A minor child is a permissive party but not a necessary party to a proceeding under RCW 26.26A.400 through 26.26A.515.(2) The court shall appoint a guardian ad litem, subject to RCW 74.20.310, to represent a child in a proceeding under RCW 26.26A.400 through 26.26A.515, if th…

The court shall adjudicate parentage of a child without a jury.[ 2018 c 6 s 519.]

(1) On request of a party and for good cause, the court may close a proceeding under RCW 26.26A.400 through 26.26A.515 to the public.(2) A final order in a proceeding under RCW 26.26A.400 through 26.26A.515 is available for public inspection. Except as provided by applicable cour…

The court may dismiss a proceeding under this chapter for want of prosecution only without prejudice. An order of dismissal for want of prosecution purportedly with prejudice is void and has only the effect of a dismissal without prejudice.[ 2018 c 6 s 521.]

(1) An order adjudicating parentage must identify the child in a manner provided by law of this state other than this chapter.(2) Except as otherwise provided in subsection (3) of this section, the court may assess filing fees, reasonable attorneys' fees, fees for genetic testing…

(1) Except as otherwise provided in subsection (2) of this section:(a) A signatory to an acknowledgment of parentage or denial of parentage is bound by the acknowledgment and denial as provided in RCW 26.26A.200 through 26.26A.265; and(b) A party to an adjudication of parentage b…

This subchapter, RCW 26.26A.600 through 26.26A.635, does not apply to the birth of a child conceived by sexual intercourse or assisted reproduction under a surrogacy agreement under RCW 26.26A.700 through 26.26A.785.[ 2018 c 6 s 601.]

A donor is not a parent of a child conceived by assisted reproduction.[ 2018 c 6 s 602.]

An individual who consents under RCW 26.26A.615 to assisted reproduction by a woman with the intent to be a parent of a child conceived by the assisted reproduction is a parent of the child.[ 2018 c 6 s 603.]

(1) Except as otherwise provided in subsection (2) of this section, the consent described in RCW 26.26A.610 must be in a record signed by a woman giving birth to a child conceived by assisted reproduction and an individual who intends to be a parent of the child.(2) Failure to co…

(1) Except as otherwise provided in subsection (2) of this section, an individual who, at the time of a child's birth, is the spouse of the woman who gave birth to the child by assisted reproduction may not challenge the individual's parentage of the child unless:(a) Not later th…

If a marriage or domestic partnership of a woman who gives birth to a child conceived by assisted reproduction is terminated through dissolution, subject to legal separation, declared invalid, or annulled before transfer of gametes or embryos to the woman, a former spouse or dome…

(1) An individual who consents under RCW 26.26A.615 to assisted reproduction may withdraw consent any time before a transfer that results in a pregnancy, by giving notice in a record of the withdrawal of consent to the woman who agreed to give birth to a child conceived by assist…

(1) If an individual who intends to be a parent of a child conceived by assisted reproduction dies during the period between the transfer of a gamete or embryo and the birth of the child, the individual's death does not preclude the establishment of the individual's parentage of …

The definitions in this section apply throughout this subchapter, RCW 26.26A.700 through 26.26A.785, unless the context clearly requires otherwise.(1) "Genetic surrogate" means a woman who is not an intended parent and who agrees to become pregnant through assisted reproduction u…

(1) To execute an agreement to act as a gestational or genetic surrogate, a woman must:(a) Have attained twenty-one years of age;(b) Previously have given birth to at least one child but not enter into more than two surrogacy agreements that result in the birth of children;(c) Co…

A surrogacy agreement must be executed in compliance with the following rules:(1) At least one party must be a resident of this state or, if no party is a resident of this state, at least one medical evaluation or procedure or mental health consultation under the agreement must o…

(1) A surrogacy agreement must comply with the following requirements:(a) A woman acting as a surrogate agrees to attempt to become pregnant by means of assisted reproduction.(b) Except as otherwise provided in RCW 26.26A.750, 26.26A.765, and 26.26A.770, the woman acting as a sur…

(1) Unless a surrogacy agreement expressly provides otherwise:(a) The marriage or domestic partnership of a woman acting as a surrogate after the agreement is signed by all parties does not affect the validity of the agreement, her spouse or domestic partner's consent to the agre…

Unless the court orders otherwise, a petition and any other document related to a surrogacy agreement filed with the court under RCW 26.26A.700 through 26.26A.785, are not open to inspection by any individual other than the parties to the proceeding, a child conceived by assisted…

(1) Notwithstanding the provisions of RCW 26.26A.420, venue for a proceeding under this subchapter, RCW 26.26A.700 through 26.26A.785, may be in a county of this state in which:(a) The child resides or is located;(b) The respondent resides or is located;(c) An intended parent res…

(1) A party to a gestational surrogacy agreement may terminate the agreement, at any time before an embryo transfer, by giving notice of termination in a record to all other parties. If an embryo transfer does not result in a pregnancy, a party may terminate the agreement at any …

(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.(2) Except as…

(1) RCW 26.26A.740 applies to an intended parent even if the intended parent died during the period between the transfer of a gamete or embryo and the birth of the child.(2) Except as otherwise provided in RCW 26.26A.755, an intended parent is not a parent of a child conceived by…

(1) Except as otherwise provided in RCW 26.26A.740(3) or 26.26A.755, before, on, or after the birth of a child conceived by assisted reproduction under a gestational surrogacy agreement, a party to the agreement may commence a proceeding in the superior court for an order or judg…

(1) A gestational surrogacy agreement that complies with RCW 26.26A.705, 26.26A.710, and 26.26A.715 is enforceable.(2) If a child was conceived by assisted reproduction under a gestational surrogacy agreement that does not comply with RCW 26.26A.705, 26.26A.710, and 26.26A.715, t…

(1) Except as otherwise provided in RCW 26.26A.775, to be enforceable, a genetic surrogacy agreement must be validated by the superior court. A proceeding to validate the agreement must be commenced before assisted reproduction related to the surrogacy agreement.(2) The court sha…

(1) A party to a genetic surrogacy agreement may terminate the agreement as follows:(a) An intended parent who is a party to the agreement may terminate the agreement at any time before a gamete or embryo transfer by giving notice of termination in a record to all other parties. …

(1) Unless a woman acting as a genetic surrogate exercises the right under RCW 26.26A.765 to terminate a genetic surrogacy agreement, each intended parent is a parent of a child conceived by assisted reproduction under an agreement validated under RCW 26.26A.760.(2) Unless a woma…

(1) A genetic surrogacy agreement, whether or not in a record, that is not validated under RCW 26.26A.760 is enforceable only to the extent provided in this section and RCW 26.26A.785.(2) If all parties agree, a court may validate a genetic surrogacy agreement after assisted repr…

(1) Except as otherwise provided in RCW 26.26A.770 or 26.26A.775, on birth of a child conceived by assisted reproduction under a genetic surrogacy agreement, each intended parent is, by operation of law, a parent of the child, notwithstanding the death of an intended parent durin…

(1) Subject to RCW 26.26A.715(1)(g) and 26.26A.765(2), if a genetic surrogacy agreement is breached by a woman acting as a genetic surrogate or one or more intended parents, the nonbreaching party is entitled to the remedies available at law or in equity.(2) Specific performance …

The definitions in this section apply throughout RCW 26.26A.800 through 26.26A.825, unless the context clearly requires otherwise.(1) "Identifying information" means:(a) The full name of a donor;(b) The date of birth of the donor; and(c) The permanent and, if different, current a…

RCW 26.26A.800 through 26.26A.825 apply only to gametes collected on or after January 1, 2019.[ 2018 c 6 s 802.]

(1) A gamete bank or fertility clinic licensed in this state shall collect from a donor the donor's identifying information and medical history at the time of the donation.(2) A gamete bank or fertility clinic licensed in this state which receives gametes of a donor collected by …

(1) A gamete bank or fertility clinic licensed in this state which collects gametes from a donor shall:(a) Provide the donor with information in a record about the donor's choice regarding identity disclosure; and(b) Obtain a declaration from the donor regarding identity disclosu…

(1) On request of a child conceived by assisted reproduction who attains eighteen years of age, a gamete bank or fertility clinic licensed in this state which collected the gametes used in the assisted reproduction shall make a good faith effort to provide the child with identify…

(1) A gamete bank or fertility clinic licensed in this state which collects gametes for use in assisted reproduction shall maintain identifying information and medical history about each gamete donor. The gamete bank or fertility clinic shall maintain records of gamete screening …

In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.[ 2018 c 6 s 901.]

This chapter modifies, limits, or supersedes the electronic signatures in global and national commerce act, 15 U.S.C. Sec. 7001 et seq., but does not modify, limit, or supersede section 101(c) of that act, 15 U.S.C. Sec. 7001(c), or authorize electronic delivery of any of the not…