Signed by Governor Chris Gregoire

Vote Smart's Synopsis:

Vote to adopt a conference report that expands the definition of parenthood to include domestic partners and persons of the same sex who have children together.

Highlights:

• Specifies that all statutes relating to the determination of parentage apply to domestic partners to the same extent that they apply to married partners, and apply to persons of the same sex who have children together to the same extent that they apply to persons of the opposite sex who have children together (Sec. 4). 

• Authorizes any person to be the presumptive parent of a child if the person and the mother or father of the child are married to each other or in a domestic partnership, whereas existing law required marriage for presumptive parenthood (Sec. 8). 

• Defines "alleged parent" as a person who alleges himself or herself to be the genetic parent or a possible genetic parent of a child, but whose parentage has not been determined, whereas existing law defined an "alleged father" as a man who alleged himself to be the genetic father or possible genetic father of a child, but whose paternity had not been determined (Sec. 1). 

• Authorizes the mother of a child and a man claiming to be the genetic father of the child to sign an acknowledgement of paternity without regard to the method used to conceive the child, whereas existing law required the mother and the man claiming to be the genetic father to have engaged in sexual intercourse (Sec. 11). 

• Specifies that a parent-child relationship is established between a child and a man or woman by any of the following acts (Sec. 5):
• The woman's having given birth to the child; 
• An adjudication of parentage by a judge; 
• The adoption of the child; 
• The signing of an affidavit by the donor of eggs or a surrogate gestation carrier, by which the donor or carrier has set forth her intent to be the legal parent of the child; 
• The signing of an acknowledgement of parentage; 
• An unrebutted presumption of parentage; 
• A person's having consented to assisted reproduction by his or her spouse or domestic partner that resulted in the birth of the child; or 
• The signing of a valid surrogate parentage contract, under which the person asserting parentage is an intended parent of the child.

Full Bill Text

Vote Smart's Synopsis:

Vote to adopt a conference report that expands the definition of parenthood to include domestic partners and persons of the same sex who have children together.

Highlights:

• Specifies that all statutes relating to the determination of parentage apply to domestic partners to the same extent that they apply to married partners, and apply to persons of the same sex who have children together to the same extent that they apply to persons of the opposite sex who have children together (Sec. 4). 

• Authorizes any person to be the presumptive parent of a child if the person and the mother or father of the child are married to each other or in a domestic partnership, whereas existing law required marriage for presumptive parenthood (Sec. 8). 

• Defines "alleged parent" as a person who alleges himself or herself to be the genetic parent or a possible genetic parent of a child, but whose parentage has not been determined, whereas existing law defined an "alleged father" as a man who alleged himself to be the genetic father or possible genetic father of a child, but whose paternity had not been determined (Sec. 1). 

• Authorizes the mother of a child and a man claiming to be the genetic father of the child to sign an acknowledgement of paternity without regard to the method used to conceive the child, whereas existing law required the mother and the man claiming to be the genetic father to have engaged in sexual intercourse (Sec. 11). 

• Specifies that a parent-child relationship is established between a child and a man or woman by any of the following acts (Sec. 5):
• The woman's having given birth to the child; 
• An adjudication of parentage by a judge; 
• The adoption of the child; 
• The signing of an affidavit by the donor of eggs or a surrogate gestation carrier, by which the donor or carrier has set forth her intent to be the legal parent of the child; 
• The signing of an acknowledgement of parentage; 
• An unrebutted presumption of parentage; 
• A person's having consented to assisted reproduction by his or her spouse or domestic partner that resulted in the birth of the child; or 
• The signing of a valid surrogate parentage contract, under which the person asserting parentage is an intended parent of the child.

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that clarifies and expands the rights and obligations of state registered domestic partners and other couples related to parentage.

Highlights:

• Expands the provisions relating to determination of parentage to apply to persons in a domestic partnership and of the same sex who have children together to the same extent they apply to persons in a marriage and of the opposite sex who have children together (Sec. 4). 

• Authorizes the establishment of a parent-child relationship by a surrogacy contract validated by this act (Sec. 5). 

• Requires a woman to meet certain conditions in order to execute a surrogacy contract, including, but not limited to, the following (Sec. 57):
• Be at least twenty-one years of age; 
• Has given birth to at least one child; 
• Has previously acted as a surrogate for compensation not more than once; 
• Has completed a medical examination determining health risks of carrying a child; 
• Has completed a mental health evaluation; -Has undergone legal consultation with independent legal counsel; and 
• Has obtained private health and life insurance policies.

• Requires intended parents to meet certain conditions in order to execute a surrogacy contract, including the following (Sec. 57):
• Obtained a qualified physician's affidavit proving medical need for surrogacy; 
• Completed a mental health examination; 
• Undergone legal consultation with independent legal counsel.

• Authorizes a woman acting as a surrogate to make all health and welfare decisions regarding herself and her pregnancy, including terminating a pregnancy, without risk of liability in any tort action (Sec. 58).

Full Bill Text