Washington 2017-2018 Regular Session Status: Enacted 9 D cosponsors

SB 6037 — Concerning the uniform parentage act.

Last action — Effective date 1/1/2019.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced December 20, 2017. Enacted.

Prognosis

Likely to advance 82% · moderate confidence

Where this bill stands today.

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High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 28 sponsors

    1 primary, 27 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (9 D).

  • Cleared a recorded vote

    Passed 2 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

1 added · 1 removed

Plain-language change summary

The latest version of Senate Bill 6037 includes significant additions that establish clearer guidelines for parentage laws. Notably, it introduces comprehensive definitions for terms related to parentage, such as "acknowledged parent," "adjudicated parent," and "intended parent" specifically for assisted reproduction scenarios. This is important because it aims to provide legal clarity and protection for families, especially in cases involving assisted reproduction and surrogacy, thereby ensuring all parties understand their rights and responsibilities. Additionally, the bill sets stringent requirements for how surrogacy agreements are to be structured and enforced, which can help prevent disputes and protect the interests of children born through these arrangements.

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S-4351.1SUBSTITUTE SENATE BILL 6037State of Washington65th Legislature2018 Regular SessionBy Senate Law & Justice (originally sponsored by Senators Pedersen, Walsh, Takko, Fain, Rivers, Billig, Ranker, Cleveland, Kuderer, Van De Wege, Hobbs, Liias, Palumbo, Frockt, Hasegawa, Mullet, Hunt, Saldaña, Rolfes, Dhingra, Carlyle, Darneille, Chase, Conway, Nelson, Wellman, McCoy, and Keiser;
Z-0651.1SENATE BILL 6037State of Washington65th Legislature2018 Regular SessionBy Senators Pedersen, Walsh, Takko, Fain, Rivers, Billig, Ranker, Cleveland, Kuderer, Van De Wege, Hobbs, Liias, Palumbo, Frockt, Hasegawa, Mullet, Hunt, Saldaña, Rolfes, Dhingra, Carlyle, Darneille, Chase, Conway, Nelson, Wellman, McCoy, and Keiser;
by request of Uniform Law Commission)READ FIRST TIME 01/26/18.AN ACT Relating to the uniform parentage act;
by request of Uniform Law CommissionPrefiled 12/20/17.AN ACT Relating to the uniform parentage act;
repealing RCW 26.26.011, 26.26.021, 26.26.031, 26.26.041, 26.26.051, 26.26.101, 26.26.106, 26.26.111, 26.26.116, 26.26.210, 26.26.220, 26.26.230, 26.26.240, 26.26.250, 26.26.260, 26.26.300, 26.26.305, 26.26.310, 26.26.315, 26.26.320, 26.26.325, 26.26.330, 26.26.335, 26.26.340, 26.26.345, 26.26.350, 26.26.355, 26.26.360, 26.26.365, 26.26.370, 26.26.375, 26.26.400, 26.26.405, 26.26.410, 26.26.415, 26.26.420, 26.26.425, 26.26.430, 26.26.435, 26.26.440, 26.26.445, 26.26.450, 26.26.500, 26.26.505, 26.26.510, 26.26.515, 26.26.520, 26.26.525, 26.26.530, 26.26.535, 26.26.540, 26.26.545, 26.26.550, 26.26.555, 26.26.570, 26.26.575, 26.26.585, 26.26.590, 26.26.600, 26.26.605, 26.26.610, 26.26.615, 26.26.620, 26.26.625, 26.26.630, 26.26.700, 26.26.705, 26.26.710, 26.26.715, 26.26.720, 26.26.725, 26.26.730, 26.26.735, 26.26.740, 26.26.750, 26.26.760, 26.26.903, 26.26.904, 26.26.911, and 26.26.914;
repealing RCW 26.26.011, 26.26.021, 26.26.031, 26.26.041, 26.26.051, 26.26.065, 26.26.101, 26.26.106, 26.26.111, 26.26.116, 26.26.130, 26.26.132, 26.26.134, 26.26.138, 26.26.140, 26.26.145, 26.26.150, 26.26.160, 26.26.165, 26.26.190, 26.26.210, 26.26.220, 26.26.230, 26.26.240, 26.26.250, 26.26.260, 26.26.270, 26.26.300, 26.26.305, 26.26.310, 26.26.315, 26.26.320, 26.26.325, 26.26.330, 26.26.335, 26.26.340, 26.26.345, 26.26.350, 26.26.355, 26.26.360, 26.26.365, 26.26.370, 26.26.375, 26.26.400, 26.26.405, 26.26.410, 26.26.415, 26.26.420, 26.26.425, 26.26.430, 26.26.435, 26.26.440, 26.26.445, 26.26.450, 26.26.500, 26.26.505, 26.26.510, 26.26.515, 26.26.520, 26.26.525, 26.26.530, 26.26.535, 26.26.540, 26.26.545, 26.26.550, 26.26.555, 26.26.570, 26.26.575, 26.26.585, 26.26.590, 26.26.600, 26.26.605, 26.26.610, 26.26.615, 26.26.620, 26.26.625, 26.26.630, 26.26.700, 26.26.705, 26.26.710, 26.26.715, 26.26.720, 26.26.725, 26.26.730, 26.26.735, 26.26.740, 26.26.750, 26.26.760, 26.26.903, 26.26.904, 26.26.911, and 26.26.914;
and(e) Intracytoplasmic sperm injection.(5) "Birth record" means a report of birth that has been registered by the state registrar of vital statistics.(6) "Child" means an individual of any age whose parentage may be determined under this chapter.(7) "Child-support agency" means a government entity, public official, or private agency, authorized to provide parentage-establishment services under Title IV-D of the social security act, 42 U.S.C.
and(e) Intracytoplasmic sperm injection.(5) "Child" means an individual of any age whose parentage may be determined under this chapter.(6) "Child-support agency" means a government entity, public official, or private agency, authorized to provide parentage-establishment services under Title IV-D of the social security act, 42 U.S.C.
651 through 669.(8) "Determination of parentage" means establishment of a parent-child relationship by a judicial proceeding or signing of a valid acknowledgment of parentage under sections 301 through 314 of this act.(9) "Donor" means an individual who provides gametes intended for use in assisted reproduction, whether or not for consideration.
651 through 669.(7) "Determination of parentage" means establishment of a parent-child relationship by a judicial or administrative proceeding or signing of a valid acknowledgment of parentage under sections 301 through 314 of this act.(8) "Donor" means an individual who provides gametes intended for use in assisted reproduction, whether or not for consideration.
or(b) A parent under sections 601 through 608 of this act or an intended parent under sections 701 through 718 of this act.(10) "Gamete" means sperm, egg, or any part of a sperm or egg.(11) "Genetic testing" means an analysis of genetic markers to identify or exclude a genetic relationship.(12) "Individual" means a natural person of any age.(13) "Intended parent" means an individual, married or unmarried, who manifests an intent to be legally bound as a parent of a child conceived by assisted reproduction.(14) "Man" means a male individual of any age.(15) "Parent" means an individual who has established a parent-child relationship under section 201 of this act.(16) "Parentage" or "parent-child relationship" means the legal relationship between a child and a parent of the child.(17) "Presumed parent" means an individual who under section 204 of this act is presumed to be a parent of a child, unless the presumption is overcome in a judicial proceeding, a valid denial of parentage is made under sections 301 through 314 of this act, or a court adjudicates the individual to be a parent.(18) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.(19) "Sign" means, with present intent to authenticate or adopt a record:(a) To execute or adopt a tangible symbol;
or(b) A parent under sections 601 through 608 of this act or an intended parent under sections 701 through 718 of this act.(9) "Gamete" means sperm, egg, or any part of a sperm or egg.(10) "Genetic testing" means an analysis of genetic markers to identify or exclude a genetic relationship.(11) "Individual" means a natural person of any age.(12) "Intended parent" means an individual, married or unmarried, who manifests an intent to be legally bound as a parent of a child conceived by assisted reproduction.(13) "Man" means a male individual of any age.(14) "Parent" means an individual who has established a parent-child relationship under section 201 of this act.(15) "Parentage" or "parent-child relationship" means the legal relationship between a child and a parent of the child.(16) "Presumed parent" means an individual who under section 204 of this act is presumed to be a parent of a child, unless the presumption is overcome in a judicial proceeding, a valid denial of parentage is made under sections 301 through 314 of this act, or a court adjudicates the individual to be a parent.(17) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.(18) "Sign" means, with present intent to authenticate or adopt a record:(a) To execute or adopt a tangible symbol;
or(b) To attach to or logically associate with the record an electronic symbol, sound, or process.(20) "Signatory" means an individual who signs a record.(21) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession under the jurisdiction of the United States.
or(b) To attach to or logically associate with the record an electronic symbol, sound, or process.(19) "Signatory" means an individual who signs a record.(20) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession under the jurisdiction of the United States.
The term includes a federally recognized Indian tribe.(22) "Transfer" means a procedure for assisted reproduction by which an embryo or sperm is placed in the body of the woman who will give birth to the child.(23) "Witnessed" means that at least one individual who is authorized to sign has signed a record to verify that the individual personally observed a signatory sign the record.(24) "Woman" means a female individual of any age.NEW SECTION.  Sec. 103.  SCOPE.
The term includes a federally recognized Indian tribe.(21) "Transfer" means a procedure for assisted reproduction by which an embryo or sperm is placed in the body of the woman who will give birth to the child.(22) "Witnessed" means that at least one individual who is authorized to sign has signed a record to verify that the individual personally observed a signatory sign the record.(23) "Woman" means a female individual of any age.NEW SECTION.  Sec. 103.  SCOPE.
(1) An individual is presumed to be a parent of a child if:(a) Except as otherwise provided under sections 701 through 718 of this act, or law of this state other than this chapter:(i) The individual and the woman who gave birth to the child are married to or in a state registered domestic partnership with each other and the child is born during the marriage or partnership, whether the marriage or partnership is or could be declared invalid;(ii) The individual and the woman who gave birth to the child were married to or in a state registered domestic partnership with each other and the child is born not later than three hundred days after the marriage or partnership is terminated by death, dissolution, annulment, declaration of invalidity, or legal separation, whether the marriage or partnership is or could be declared invalid;
(1) An individual is presumed to be a parent of a child if:(a) Except as otherwise provided under sections 701 through 718 of this act, or law of this state other than this chapter:(i) The individual and the woman who gave birth to the child are married to or in a state registered domestic partnership with each other and the child is born during the marriage or partnership, whether the marriage or partnership is or could be declared invalid;(ii) The individual and the woman who gave birth to the child were married to or in a state registered domestic partnership with each other and the child is born not later than three hundred days after the marriage or partnership is terminated by death, dissolution, annulment, declaration of invalidity, or legal separation, whether the marriage or partnerhsip is or could be declared invalid;
or(B) The individual agreed to be and is named as a parent of the child on the birth record of the child;
or(B) The individual agreed to be and is named as a parent of the child on the birth certificate of the child;
or(b) The individual resided in the same household with the child for the first four years of the life of the child, including any period of temporary absence, and openly held out the child as the individual's child.(2) A presumption of parentage under this section may be overcome, and competing claims to parentage may be resolved, only by an adjudication under sections 501 through 523 of this act, or a valid denial of parentage under sections 301 through 314 of this act.NEW SECTION.  Sec. 205.  The secretary of the department of health may adopt rules under the state administrative procedure act, chapter 34.05 RCW, to implement section 204 of this act.NEW SECTION.  Sec. 206.  The secretary of the department of health may charge a fee for filing an assertion of parentage.SUBCHAPTER 3VOLUNTARY ACKNOWLEDGMENT OF PARENTAGENEW SECTION.  Sec. 301.  ACKNOWLEDGMENT OF PARENTAGE.
or(b) The individual resided in the same household with the child for the first four years of the life of the child, including any period of temporary absence, and openly held out the child as the individual's child.(2) A presumption of parentage under this section may be overcome, and competing claims to parentage may be resolved, only by an adjudication under sections 501 through 523 of this act, or a valid denial of parentage under sections 301 through 314 of this act.SUBCHAPTER 3VOLUNTARY ACKNOWLEDGMENT OF PARENTAGENEW SECTION.  Sec. 301.  ACKNOWLEDGMENT OF PARENTAGE.
(1) Except as otherwise provided in sections 308 and 309 of this act, an acknowledgment of parentage that complies with sections 301 through 314 of this act and is filed with the state registrar of vital statistics is equivalent to an adjudication of parentage of the child and confers on the acknowledged parent all rights and duties of a parent.(2) Except as otherwise provided in sections 308 and 309 of this act, a denial of parentage by a presumed parent or alleged genetic parent which complies with sections 301 through 314 of this act and is filed with the state registrar of vital statistics with an acknowledgment of parentage that complies with sections 301 through 314 of this act is equivalent to an adjudication of the nonparentage of the presumed parent or alleged genetic parent and discharges the presumed parent or alleged genetic parent from all rights and duties of a parent.NEW SECTION.  Sec. 306.  FILING FEE.
(1) Except as otherwise provided in sections 308 and 309 of this act, an acknowledgment of parentage that complies with sections 301 through 314 of this act and is filed with the state registrar of vital statistics is equivalent to an adjudication of parentage of the child and confers on the acknowledged parent all rights and duties of a parent.(2) Except as otherwise provided in sections 308 and 309 of this act, a denial of parentage by a presumed parent or alleged genetic parent which complies with sections 301 through 314 of this act and is filed with the state registrar of vital statistics with an acknowledgment of parentage that complies with sections 301 through 314 of this act is equivalent to an adjudication of the nonparentage of the presumed parent or alleged genetic parent and discharges the presumed parent or alleged genetic parent from all rights and duties of a parent.NEW SECTION.  Sec. 306.  NO FILING FEE.
The secretary of the department of health may charge a fee for filing an acknowledgment of parentage or denial of parentage, or for filing a rescission of an acknowledgment of parentage or denial of parentage.NEW SECTION.  Sec. 307.  RATIFICATION BARRED.
The state registrar of vital statistics may not charge a fee for filing an acknowledgment of parentage or denial of parentage.NEW SECTION.  Sec. 307.  RATIFICATION BARRED.
The secretary of the department of health may adopt rules under the state administrative procedure act, chapter 34.05 RCW, to implement sections 301 through 314 of this act.SUBCHAPTER 4GENETIC TESTINGNEW SECTION.  Sec. 401.  DEFINITIONS.
The state registrar of vital statistics may adopt rules under the state administrative procedure act, chapter 34.05 RCW, to implement sections 301 through 314 of this act.SUBCHAPTER 4GENETIC TESTINGNEW SECTION.  Sec. 401.  DEFINITIONS.
Except as otherwise provided in section 707 of this act, venue for a proceeding to adjudicate parentage is in the county of this state in which:(1) The child resides or is located;(2) If the child does not reside in this state, the respondent resides or is located;
Venue for a proceeding to adjudicate parentage is in the county of this state in which:(1) The child resides or is located;(2) If the child does not reside in this state, the respondent resides or is located;
If the parent who was the victim of the sexual assault expressly consents in writing for the court to decline to enter one or more of these restrictions or limitations, the court may do so;(b) Require the state registrar of vital statistics to amend the birth record if requested by the parent and the court determines that the amendment is in the best interest of the child;
If the parent who was the victim of the sexual assault expressly consents in writing for the court to decline to enter one or more of these restrictions or limitations, the court may do so;(b) Require the state registrar of vital statistics to amend the birth certificate if requested by the parent and the court determines that the amendment is in the best interest of the child;
Except as otherwise provided in sections 701 through 718 of this act, 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 the child.
Except as otherwise provided in sections 701 through 718 of this act, 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 the child.NEW SECTION.  Sec. 518.  CHILD AS PARTY;
It is the responsibility of the parent to present the order or judgment to the hospital, midwife, or other party handling the delivery of the child so that the birth record may be entered properly.NEW SECTION.  Sec. 518.  CHILD AS PARTY;
If the court order changing the name varies from the name on the birth record of the child, the court shall order the state registrar of vital statistics to amend the birth record.(6) On request of a party and for good cause, the court in a proceeding under sections 501 through 523 of this act may order the parents listed on the birth record of the child changed.
If the court order changing the name varies from the name on the birth certificate of the child, the court shall order the state registrar of vital statistics to issue an amended birth certificate.NEW SECTION.  Sec. 523.  BINDING EFFECT OF DETERMINATION OF PARENTAGE.
If the adjudicated parents listed in the court order vary from the parents listed on the birth record of the child, the court shall order the state registrar of vital statistics to amend the birth record.NEW SECTION.  Sec. 523.  BINDING EFFECT OF DETERMINATION OF PARENTAGE.
The individual seeking to inspect the document may be required to pay the expense of preparing a copy of the document to be inspected.NEW SECTION.  Sec. 707.  VENUE AND EXCLUSIVE, CONTINUING JURISDICTION.
The individual seeking to inspect the document may be required to pay the expense of preparing a copy of the document to be inspected.NEW SECTION.  Sec. 707.  EXCLUSIVE, CONTINUING JURISDICTION.
(1) Notwithstanding the provisions of section 505 of this act, venue for a proceeding under this subchapter, sections 701 through 718 of this act, 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 resides;(d) A medical evaluation or procedure or mental health consultation under the surrogacy agreement occurred;
During the period after the execution of a surrogacy agreement until ninety days after the birth of a child conceived by assisted reproduction under the agreement, a court of this state conducting a proceeding under this chapter has exclusive, continuing jurisdiction over all matters arising out of the agreement.
or(e) A proceeding has been commenced for administration of the estate of an individual who is or may be a parent under this subchapter.(2) During the period after the execution of a surrogacy agreement until ninety days after the birth of a child conceived by assisted reproduction under the agreement, a court of this state conducting a proceeding under this chapter has exclusive, continuing jurisdiction over all matters arising out of the agreement.
(1) Except as otherwise provided in section 709(3) or 712 of this act, 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 judgment:(a) Declaring that each intended parent is a parent of the child and ordering that parental rights and duties vest immediately on the birth of the child exclusively in each intended parent;(b) Declaring that the woman acting as a gestational surrogate and the surrogate's spouse or former spouse, if any, are not the parents of the child;(c) Directing the state registrar of vital statistics to list each intended parent as a parent of the child on the birth record;(d) To protect the privacy of the child and the parties, declaring that the court record is not open to inspection except as authorized under section 706 of this act;(e) If necessary, that the child be surrendered to the intended parent or parents;
(1) Except as otherwise provided in section 709(3) or 712 of this act, 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 judgment:(a) Declaring that each intended parent is a parent of the child and ordering that parental rights and duties vest immediately on the birth of the child exclusively in each intended parent;(b) Declaring that the woman acting as a gestational surrogate and the surrogate's spouse or former spouse, if any, are not the parents of the child;(c) Designating the content of the birth record in accordance with chapter 70.58 RCW and directing the state registrar of vital statistics to designate each intended parent as a parent of the child;(d) To protect the privacy of the child and the parties, declaring that the court record is not open to inspection except as authorized under section 706 of this act;(e) If necessary, that the child be surrendered to the intended parent or parents;
The notice of termination must be attested by a notarial officer or witnessed.(b) A woman acting as a genetic surrogate who is a party to the agreement may withdraw consent to the agreement any time before forty-eight hours after the birth of a child conceived by assisted reproduction under the agreement.
The notice of termination must be attested by a notarial officer or witnessed.(b) A woman acting as a genetic surrogate who is a party to the agreement may withdraw consent to the agreement any time before seventy-two hours after the birth of a child conceived by assisted reproduction under the agreement.
The notice of termination must be attested by a notarial officer or witnessed and be delivered to each intended parent any time before forty-eight hours after the birth of the child.(2) On termination of the genetic surrogacy agreement under subsection (1) of this section, the parties are released from all obligations under the agreement except that each intended parent remains responsible for all expenses incurred by the woman acting as a surrogate through the date of termination which are reimbursable under the agreement.
The notice of termination must be attested by a notarial officer or witnessed and be delivered to each intended parent any time before seventy-two hours after the birth of the child.(2) On termination of the genetic surrogacy agreement under subsection (1) of this section, the parties are released from all obligations under the agreement except that each intended parent remains responsible for all expenses incurred by the woman acting as a surrogate through the date of termination which are reimbursable under the agreement.
(1) Unless a woman acting as a genetic surrogate exercises the right under section 714 of this act to terminate a genetic surrogacy agreement, each intended parent is a parent of a child conceived by assisted reproduction under an agreement validated under section 713 of this act.(2) Unless a woman acting as a genetic surrogate exercises the right under section 714 of this act to terminate the genetic surrogacy agreement, on proof of a court order issued under section 713 of this act validating the agreement, the court shall make an order:(a) Declaring that each intended parent is a parent of a child conceived by assisted reproduction under the agreement and ordering that parental rights and duties vest exclusively in each intended parent;(b) Declaring that the woman acting as a genetic surrogate and the surrogate's spouse or former spouse, if any, are not parents of the child;(c) Directing the state registrar of vital statistics to list each intended parent as a parent of the child on the birth record;(d) To protect the privacy of the child and the parties, declaring that the court record is not open to inspection except as authorized under section 706 of this act;(e) If necessary, that the child be surrendered to the intended parent or parents;
(1) Unless a woman acting as a genetic surrogate exercises the right under section 714 of this act to terminate a genetic surrogacy agreement, each intended parent is a parent of a child conceived by assisted reproduction under an agreement validated under section 713 of this act.(2) Unless a woman acting as a genetic surrogate exercises the right under section 714 of this act to terminate the genetic surrogacy agreement, on proof of a court order issued under section 713 of this act validating the agreement, the court shall make an order:(a) Declaring that each intended parent is a parent of a child conceived by assisted reproduction under the agreement and ordering that parental rights and duties vest exclusively in each intended parent;(b) Declaring that the woman acting as a gestational surrogate and the surrogate's spouse or former spouse, if any, are not parents of the child;(c) Designating the contents of the birth certificate in accordance with chapter 70.58 RCW and directing the state registrar of vital statistics to designate each intended parent as a parent of the child;(d) To protect the privacy of the child and the parties, declaring that the court record is not open to inspection except as authorized under section 706 of this act;(e) If necessary, that the child be surrendered to the intended parent or parents;
Unless the genetic surrogacy agreement provides otherwise, if the child was not conceived by assisted reproduction the woman acting as a surrogate is not entitled to any nonexpense related compensation paid for serving as a surrogate.(5) Unless a party exercises the right under section 714 of this act to terminate the genetic surrogacy agreement, the woman acting as a genetic surrogate or the department of social and health services division of child support may file with the court, not later than sixty days after the birth of a child conceived by assisted reproduction under the agreement, notice that the child has been born to the woman acting as a genetic surrogate.
Unless the genetic surrogacy agreement provides otherwise, if the child was not conceived by assisted reproduction the woman acting as a surrogate is not entitled to any nonexpense related compensation paid for serving as a surrogate.(5) Unless a woman acting as a genetic surrogate exercises the right under section 714 of this act to terminate the genetic surrogacy agreement, if an intended parent fails to file notice required under section 714(1) of this act, the woman acting as a genetic surrogate or the state registrar of vital statistics may file with the court, not later than sixty days after the birth of a child conceived by assisted reproduction under the agreement, notice that the child has been born to the woman acting as a genetic surrogate.
(1) A genetic surrogacy agreement, whether or not in a record, that is not validated under section 713 of this act is enforceable only to the extent provided in this section and section 718 of this act.(2) If all parties agree, a court may validate a genetic surrogacy agreement after assisted reproduction has occurred but before the birth of a child conceived by assisted reproduction under the agreement.(3) If a child conceived by assisted reproduction under a genetic surrogacy agreement that is not validated under section 713 of this act is born and the woman acting as a genetic surrogate, consistent with section 714(1)(b), withdraws her consent to the agreement before forty-eight hours after the birth of the child, the court shall adjudicate the parentage of the child under sections 101 through 523 of this act.(4) If a child conceived by assisted reproduction under a genetic surrogacy agreement that is not validated under section 713 of this act is born and a woman acting as a genetic surrogate does not withdraw her consent to the agreement, consistent with section 714(1)(b) of this act, before forty-eight hours after the birth of the child, the woman acting as a genetic surrogate is not automatically a parent and the court shall adjudicate parentage of the child based on the best interest of the child, taking into account the factors in section 513(1) of this act and the intent of the parties at the time of the execution of the agreement.(5) The parties to a genetic surrogacy agreement have standing to maintain a proceeding to adjudicate parentage under this section.NEW SECTION.  Sec. 717.  GENETIC SURROGACY AGREEMENT—PARENTAGE OF DECEASED INTENDED PARENT.
(1) A genetic surrogacy agreement, whether or not in a record, that is not validated under section 713 of this act is enforceable only to the extent provided in this section and section 718 of this act.(2) If all parties agree, a court may validate a genetic surrogacy agreement after assisted reproduction has occurred but before the birth of a child conceived by assisted reproduction under the agreement.(3) If a child conceived by assisted reproduction under a genetic surrogacy agreement that is not validated under section 713 of this act is born and the woman acting as a genetic surrogate, consistent with section 714(1)(b), withdraws her consent to the agreement before seventy-two hours after the birth of the child, the court shall adjudicate the parentage of the child under sections 101 through 523 of this act.(4) If a child conceived by assisted reproduction under a genetic surrogacy agreement that is not validated under section 713 of this act is born and a woman acting as a genetic surrogate does not withdraw her consent to the agreement, consistent with section 714(1)(b) of this act, before seventy-two hours after the birth of the child, the woman acting as a genetic surrogate is not automatically a parent and the court shall adjudicate parentage of the child based on the best interest of the child, taking into account the factors in section 513(1) of this act and the intent of the parties at the time of the execution of the agreement.(5) The parties to a genetic surrogacy agreement have standing to maintain a proceeding to adjudicate parentage under this section.NEW SECTION.  Sec. 717.  GENETIC SURROGACY AGREEMENT—PARENTAGE OF DECEASED INTENDED PARENT.
(1) Subject to sections 704(1)(g) and 714(2) of this act, 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 is not a remedy available for breach by a woman acting as a genetic surrogate of a requirement of a validated or nonvalidated genetic surrogacy agreement that the surrogate be impregnated.(3) Except as otherwise provided in subsection (2) of this section, specific performance is a remedy available for:(a) Breach of a validated genetic surrogacy agreement by a woman acting as a genetic surrogate of a requirement which prevents an intended parent from exercising the full rights of parentage forty-eight hours after the birth of the child;
(1) Subject to sections 704(1)(g) and 714(2) of this act, 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 is not a remedy available for breach by a woman acting as a genetic surrogate of a requirement of a validated or nonvalidated genetic surrogacy agreement that the surrogate be impregnated.(3) Except as otherwise provided in subsection (2) of this section, specific performance is a remedy available for:(a) Breach of a validated genetic surrogacy agreement by a woman acting as a genetic surrogate of a requirement which prevents an intended parent from exercising the full rights of parentage seventy-two hours after the birth of the child;
or(b) Breach by an intended parent which prevents the intended parent's acceptance of duties of parentage forty-eight hours after the birth of the child.SUBCHAPTER 8INFORMATION ABOUT DONORNEW SECTION.  Sec. 801.  DEFINITIONS.
or(b) Breach by an intended parent which prevents the intended parent's acceptance of duties of parentage seventy-two hours after the birth of the child.SUBCHAPTER 8INFORMATION ABOUT DONORNEW SECTION.  Sec. 801.  DEFINITIONS.
and(e) May not be owned or managed, in any part, directly or indirectly, by any health care provider providing any health services, including assisted reproduction, to a party to the surrogacy agreement.(3) For purposes of this section:(a) The definitions in sections 102 and 701 of this act apply.(b) "Payment" means any type of monetary compensation or other valuable consideration including but not limited to a rebate, refund, commission, unearned discount, or profit by means of credit or other valuable consideration.(c) "Surrogacy broker" includes but is not limited to any agency, agent, business, or individual engaged in, arranging, or facilitating transactions contemplated by a surrogacy agreement, regardless of whether that surrogacy agreement ultimately comports with the requirements of chapter 26.--- RCW (the new chapter created in section 908 of this act).NEW SECTION.  Sec. 906.  Section 905 of this act constitutes a new chapter in Title 19 RCW.NEW SECTION.  Sec. 907.  REPEALERS—CONFORMING AMENDMENTS.
and(e) May not be owned or managed, in any part, directly or indirectly, by any health care provider providing any health services, including assisted reproduction, to a party to the surrogacy agreement.(3) The department of licensing shall have the authority to make rules interpreting this section and governing surrogacy brokers to protect the public interest.(4) For purposes of this section:(a) The definitions in sections 102 and 701 of this act apply.(b) "Payment" means any type of monetary compensation or other valuable consideration including but not limited to a rebate, refund, commission, unearned discount, or profit by means of credit or other valuable consideration.(c) "Surrogacy broker" includes but is not limited to any agency, agent, business, or individual engaged in, arranging, or facilitating transactions contemplated by a surrogacy agreement, regardless of whether that surrogacy agreement ultimately comports with the requirements of chapter 26.--- RCW (the new chapter created in section 908 of this act).NEW SECTION.  Sec. 906.  Section 905 of this act constitutes a new chapter in Title 19 RCW.NEW SECTION.  Sec. 907.  REPEALERS—CONFORMING AMENDMENTS.
The following acts or parts of acts are each repealed:(1) RCW 26.26.011 (Definitions) and 2011 c 283 s 1 & 2002 c 302 s 102;(2) RCW 26.26.021 (Scope of act—Choice of law—Surrogate parentage contracts) and 2011 c 283 s 2 & 2002 c 302 s 103;(3) RCW 26.26.031 (Courts of this state—Authority) and 2002 c 302 s 104;(4) RCW 26.26.041 (Protection of participants) and 2011 c 283 s 3 & 2002 c 302 s 105;(5) RCW 26.26.051 (Determination of parentage) and 2011 c 283 s 4 & 2002 c 302 s 106;(6) RCW 26.26.101 (Establishment of parent-child relationship) and 2011 c 283 s 5 & 2002 c 302 s 201;(7) RCW 26.26.106 (No discrimination based on marital or domestic partnership status) and 2011 c 283 s 6 & 2002 c 302 s 202;(8) RCW 26.26.111 (Consequences of establishment of parentage) and 2011 c 283 s 7 & 2002 c 302 s 203;(9) RCW 26.26.116 (Presumption of parentage in context of marriage or domestic partnership) and 2011 c 283 s 8 & 2002 c 302 s 204;(10) RCW 26.26.210 (Surrogate parenting—Definitions) and 1989 c 404 s 1;(11) RCW 26.26.220 (Surrogate parenting—Persons excluded from contracting) and 2010 c 94 s 7 & 1989 c 404 s 2;(12) RCW 26.26.230 (Surrogate parenting—Compensation prohibited) and 1989 c 404 s 3;(13) RCW 26.26.240 (Surrogate parenting—Contract for compensation void) and 1989 c 404 s 4;(14) RCW 26.26.250 (Surrogate parenting—Provisions violated—Penalty) and 1989 c 404 s 5;(15) RCW 26.26.260 (Surrogate parenting—Custody of child) and 1989 c 404 s 6;(16) RCW 26.26.300 (Acknowledgment of paternity) and 2011 c 283 s 11 & 2002 c 302 s 301;(17) RCW 26.26.305 (Execution of acknowledgment of paternity) and 2011 c 283 s 12 & 2002 c 302 s 302;(18) RCW 26.26.310 (Denial of paternity) and 2011 c 283 s 13 & 2002 c 302 s 303;(19) RCW 26.26.315 (Rules for acknowledgment and denial of paternity) and 2011 c 283 s 14 & 2002 c 302 s 304;(20) RCW 26.26.320 (Effect of acknowledgment or denial of paternity) and 2011 c 283 s 15 & 2002 c 302 s 305;(21) RCW 26.26.325 (Filing fee for acknowledgment or denial of paternity) and 2002 c 302 s 306;(22) RCW 26.26.330 (Proceeding for rescission of acknowledgment or denial of paternity) and 2011 c 283 s 16, 2004 c 111 s 1, & 2002 c 302 s 307;(23) RCW 26.26.335 (Challenge after expiration of time for rescission of acknowledgment or denial of paternity) and 2011 c 283 s 17 & 2002 c 302 s 308;(24) RCW 26.26.340 (Procedure for rescission or challenge of acknowledgment or denial of paternity) and 2011 c 283 s 18 & 2002 c 302 s 309;(25) RCW 26.26.345 (Ratification barred of unchallenged acknowledgment of paternity) and 2002 c 302 s 310;(26) RCW 26.26.350 (Full faith and credit) and 2002 c 302 s 311;(27) RCW 26.26.355 (Forms for acknowledgment and denial of paternity) and 2002 c 302 s 312;(28) RCW 26.26.360 (Release of information) and 2011 c 283 s 19 & 2002 c 302 s 313;(29) RCW 26.26.365 (Adoption of rules) and 2002 c 302 s 314;(30) RCW 26.26.370 (Acknowledgment of paternity—Application of RCW 26.26.300 through 26.26.375—Adjudication) and 2002 c 302 s 315;(31) RCW 26.26.375 (Judicial proceedings) and 2011 c 283 s 20 & 2002 c 302 s 316;(32) RCW 26.26.400 (Genetic testing—Application of RCW 26.26.405 through 26.26.450) and 2011 c 283 s 21 & 2002 c 302 s 401;(33) RCW 26.26.405 (Order for genetic testing) and 2011 c 283 s 22 & 2002 c 302 s 402;(34) RCW 26.26.410 (Requirements for genetic testing) and 2011 c 283 s 23 & 2002 c 302 s 403;(35) RCW 26.26.415 (Report of genetic testing) and 2002 c 302 s 404;(36) RCW 26.26.420 (Genetic testing results—Rebuttal) and 2011 c 283 s 24 & 2002 c 302 s 405;(37) RCW 26.26.425 (Costs of genetic testing) and 2011 c 283 s 25 & 2002 c 302 s 406;(38) RCW 26.26.430 (Additional genetic testing) and 2011 c 283 s 26 & 2002 c 302 s 407;(39) RCW 26.26.435 (Genetic testing when specimen not available) and 2011 c 283 s 27 & 2002 c 302 s 408;(40) RCW 26.26.440 (Genetic testing—Deceased individual) and 2002 c 302 s 409;(41) RCW 26.26.445 (Genetic testing—Identical brothers) and 2011 c 283 s 28 & 2002 c 302 s 410;(42) RCW 26.26.450 (Confidentiality of genetic testing—Penalty) and 2002 c 302 s 411;(43) RCW 26.26.500 (Proceeding to adjudicate parentage authorized) and 2002 c 302 s 501;(44) RCW 26.26.505 (Standing to maintain proceeding to adjudicate parentage) and 2011 c 283 s 29 & 2002 c 302 s 502;(45) RCW 26.26.510 (Parties to proceeding to adjudicate parentage) and 2011 c 283 s 30 & 2002 c 302 s 503;(46) RCW 26.26.515 (Proceeding to adjudicate parentage—Personal jurisdiction) and 2002 c 302 s 504;(47) RCW 26.26.520 (Proceeding to adjudicate parentage—Venue) and 2002 c 302 s 505;(48) RCW 26.26.525 (Proceeding to adjudicate parentage—No time limitation:
The following acts or parts of acts are each repealed:(1) RCW 26.26.011 (Definitions) and 2011 c 283 s 1 & 2002 c 302 s 102;(2) RCW 26.26.021 (Scope of act—Choice of law—Surrogate parentage contracts) and 2011 c 283 s 2 & 2002 c 302 s 103;(3) RCW 26.26.031 (Courts of this state—Authority) and 2002 c 302 s 104;(4) RCW 26.26.041 (Protection of participants) and 2011 c 283 s 3 & 2002 c 302 s 105;(5) RCW 26.26.051 (Determination of parentage) and 2011 c 283 s 4 & 2002 c 302 s 106;(6) RCW 26.26.065 (Mandatory use of approved forms) and 2005 c 282 s 38, 1992 c 229 s 7, & 1990 1st ex.s.
Child having no presumed or adjudicated second parent and no acknowledged father) and 2011 c 283 s 31 & 2002 c 302 s 506;(49) RCW 26.26.530 (Proceeding to adjudicate parentage—Time limitation:
c 2 s 28;(7) RCW 26.26.101 (Establishment of parent-child relationship) and 2011 c 283 s 5 & 2002 c 302 s 201;(8) RCW 26.26.106 (No discrimination based on marital or domestic partnership status) and 2011 c 283 s 6 & 2002 c 302 s 202;(9) RCW 26.26.111 (Consequences of establishment of parentage) and 2011 c 283 s 7 & 2002 c 302 s 203;(10) RCW 26.26.116 (Presumption of parentage in context of marriage or domestic partnership) and 2011 c 283 s 8 & 2002 c 302 s 204;(11) RCW 26.26.130 (Judgment or order determining parent and child relationship—Support judgment and orders—Residential provisions—Custody—Restraining orders—Notice of modification or termination of restraining order) and 2011 c 283 s 9, 2001 c 42 s 5, 2000 c 119 s 10, 1997 c 58 s 947, 1995 c 246 s 31, & 1994 sp.s.
Child having presumed parent) and 2011 c 283 s 32 & 2002 c 302 s 507;(50) RCW 26.26.535 (Proceeding to adjudicate parentage—Authority to deny genetic testing) and 2011 c 283 s 33 & 2002 c 302 s 508;(51) RCW 26.26.540 (Proceeding to adjudicate parentage—Time limitation:
c 7 s 455;(12) RCW 26.26.132 (Support orders—Compliance with RCW 26.23.050) and 1987 c 435 s 27, 1986 c 138 s 3, & 1984 c 260 s 23;(13) RCW 26.26.134 (Support orders—Time limit, exception) and 2011 c 336 s 693 & 1983 1st ex.s.
Child having acknowledged father or adjudicated parent) and 2011 c 283 s 34 & 2002 c 302 s 509;(52) RCW 26.26.545 (Joinder of proceedings) and 2011 c 283 s 35 & 2002 c 302 s 510;(53) RCW 26.26.550 (Proceeding to adjudicate parentage—Before birth) and 2011 c 283 s 36 & 2002 c 302 s 511;(54) RCW 26.26.555 (Child as party—Representation) and 2011 c 283 s 37 & 2002 c 302 s 512;(55) RCW 26.26.570 (Proceeding to adjudicate parentage—Admissibility of results of genetic testing—Expenses) and 2011 c 283 s 38 & 2002 c 302 s 521;(56) RCW 26.26.575 (Proceeding to adjudicate parentage—Consequences of declining genetic testing) and 2011 c 283 s 39 & 2002 c 302 s 522;(57) RCW 26.26.585 (Proceeding to adjudicate parentage—Admission of paternity authorized) and 2011 c 283 s 40 & 2002 c 302 s 523;(58) RCW 26.26.590 (Proceeding to adjudicate parentage—Temporary order) and 2011 c 283 s 41 & 2002 c 302 s 524;(59) RCW 26.26.600 (Rules for adjudication of parentage) and 2011 c 283 s 42 & 2002 c 302 s 531;(60) RCW 26.26.605 (Proceeding to adjudicate parentage—Jury prohibited) and 2002 c 302 s 532;(61) RCW 26.26.610 (Proceeding to determine parentage—Hearings—Inspection of records) and 2013 c 246 s 3 & 2002 c 302 s 533;(62) RCW 26.26.615 (Adjudication of paternity—Order on default) and 2002 c 302 s 534;(63) RCW 26.26.620 (Dismissal for want of prosecution) and 2011 c 283 s 43 & 2002 c 302 s 535;(64) RCW 26.26.625 (Order adjudicating parentage) and 2011 c 283 s 44 & 2002 c 302 s 536;(65) RCW 26.26.630 (Binding effect of determination of parentage) and 2011 c 283 s 45 & 2002 c 302 s 537;(66) RCW 26.26.700 (Application of RCW 26.26.705 through 26.26.740) and 2002 c 302 s 601;(67) RCW 26.26.705 (Child of assisted reproduction—Parental status of donor) and 2011 c 283 s 46 & 2002 c 302 s 602;(68) RCW 26.26.710 (Parentage of child of assisted reproduction) and 2011 c 283 s 47 & 2002 c 302 s 603;(69) RCW 26.26.715 (Consent to assisted reproduction) and 2011 c 283 s 48 & 2002 c 302 s 604;(70) RCW 26.26.720 (Child of assisted reproduction—Limitation on dispute of parentage) and 2011 c 283 s 49 & 2002 c 302 s 605;(71) RCW 26.26.725 (Child of assisted reproduction—Effect of dissolution of marriage or domestic partnership) and 2011 c 283 s 50 & 2002 c 302 s 606;(72) RCW 26.26.730 (Child of assisted reproduction—Parental status of deceased individual) and 2011 c 283 s 51 & 2002 c 302 s 607;(73) RCW 26.26.735 (Child of assisted reproduction—Effect of agreement between egg donor and woman who gives birth) and 2011 c 283 s 52 & 2002 c 302 s 608;(74) RCW 26.26.740 (Child of assisted reproduction—Issuance of birth certificate) and 2002 c 302 s 609;(75) RCW 26.26.750 (Identifying information—Requirement to provide—Disclosure) and 2011 c 283 s 53;(76) RCW 26.26.760 (Sexual assault resulting in pregnancy—Parental rights and responsibilities) and 2017 c 234 s 1;(77) RCW 26.26.903 (Uniformity of application and construction—2002 c 302) and 2011 c 283 s 54 & 2002 c 302 s 709;(78) RCW 26.26.904 (Transitional provision) and 2002 c 302 s 712;(79) RCW 26.26.911 (Short title—2002 c 302) and 2011 c 283 s 55 & 2002 c 302 s 101;
c 41 s 11;(14) RCW 26.26.138 (Restraining order—Knowing violation—Penalty—Law enforcement immunity) and 2000 c 119 s 23, 1999 c 184 s 12, 1996 c 248 s 11, & 1995 c 246 s 33;(15) RCW 26.26.140 (Costs) and 1994 c 146 s 4, 1984 c 260 s 35, & 1975-'76 2nd ex.s.
and(80) RCW 26.26.914 (Construction—Chapter applicable to state registered domestic partnerships—2009 c 521) and 2009 c 521 s 67.NEW SECTION.  Sec. 908.  LEGISLATIVE DIRECTIVE.
c 42 s 15;(16) RCW 26.26.145 (Proof of certain support and paternity establishment costs) and 1997 c 58 s 939;(17) RCW 26.26.150 (Enforcement of judgments or orders) and 2011 c 283 s 10, 1994 c 230 s 16, 1987 c 435 s 28, & 1975-'76 2nd ex.s.
Sections 101 through 903 of this act constitute a new chapter in Title 26 RCW, with the following subchapters:(1) Sections 101 through 107 of this act must be codified under the subchapter heading "general provisions."(2) Sections 201 through 206 of this act must be codified under the subchapter heading "parent-child relationship."(3) Sections 301 through 314 of this act must be codified under the subchapter heading "voluntary acknowledgment of parentage."(4) Sections 401 through 412 of this act must be codified under the subchapter heading "genetic testing."(5)(a) Sections 501 through 523 of this act must be codified under the subchapter heading "proceeding to adjudicate parentage."(b) Sections 501 through 505 of this act must be codified under the subchapter heading "proceeding to adjudicate parentage" with the subheading "nature of proceeding."(c) Sections 506 through 514 of this act must be codified under the subchapter heading "proceeding to adjudicate parentage" with the subheading "special rules for proceeding to adjudicate parentage."(d) Sections 515 through 523 of this act must be codified under the subchapter heading "proceeding to adjudicate parentage" with the subheading "hearing and adjudication."(6) Sections 601 through 608 of this act must be codified under the subchapter heading "assisted reproduction."(7)(a) Sections 701 through 718 of this act must be codified under the subchapter heading "surrogacy agreement."(b) Sections 701 through 707 of this act must be codified under the subchapter heading "surrogacy agreement" with the subheading "general requirements."(c) Sections 708 through 712 of this act must be codified under the subchapter heading "surrogacy agreement" with the subheading "special rules for gestational surrogacy agreement."(d) Sections 713 through 718 of this act must be codified under the subchapter heading "surrogacy agreement" with the subheading "special rules for genetic surrogacy agreement."(8) Sections 801 through 806 of this act must be codified under the subchapter heading "information about donor."(9) Sections 901 through 903 of this act must be codified under the subchapter heading "miscellaneous provisions."NEW SECTION.  Sec. 909.  This act takes effect January 1, 2019.--- END ---
c 42 s 16;(18) RCW 26.26.160 (Modification of judgment or order—Continuing jurisdiction) and 2000 c 21 s 20, 1992 c 229 s 8, 1989 c 360 s 36, & 1975-'76 2nd ex.s.
c 42 s 17;(19) RCW 26.26.165 (Health insurance coverage) and 1994 c 230 s 17 & 1989 c 416 s 4;(20) RCW 26.26.190 (Relinquishment of child for adoption—Notice to other parent) and 1985 c 7 s 87 & 1975-'76 2nd ex.s.
c 42 s 20;(21) RCW 26.26.210 (Surrogate parenting—Definitions) and 1989 c 404 s 1;(22) RCW 26.26.220 (Surrogate parenting—Persons excluded from contracting) and 2010 c 94 s 7 & 1989 c 404 s 2;(23) RCW 26.26.230 (Surrogate parenting—Compensation prohibited) and 1989 c 404 s 3;(24) RCW 26.26.240 (Surrogate parenting—Contract for compensation void) and 1989 c 404 s 4;(25) RCW 26.26.250 (Surrogate parenting—Provisions violated—Penalty) and 1989 c 404 s 5;(26) RCW 26.26.260 (Surrogate parenting—Custody of child) and 1989 c 404 s 6;(27) RCW 26.26.270 (Parenting plan—Designation of parent for other state and federal purposes) and 1989 c 375 s 25;(28) RCW 26.26.300 (Acknowledgment of paternity) and 2011 c 283 s 11 & 2002 c 302 s 301;(29) RCW 26.26.305 (Execution of acknowledgment of paternity) and 2011 c 283 s 12 & 2002 c 302 s 302;(30) RCW 26.26.310 (Denial of paternity) and 2011 c 283 s 13 & 2002 c 302 s 303;(31) RCW 26.26.315 (Rules for acknowledgment and denial of paternity) and 2011 c 283 s 14 & 2002 c 302 s 304;(32) RCW 26.26.320 (Effect of acknowledgment or denial of paternity) and 2011 c 283 s 15 & 2002 c 302 s 305;(33) RCW 26.26.325 (Filing fee for acknowledgment or denial of paternity) and 2002 c 302 s 306;(34) RCW 26.26.330 (Proceeding for rescission of acknowledgment or denial of paternity) and 2011 c 283 s 16, 2004 c 111 s 1, & 2002 c 302 s 307;(35) RCW 26.26.335 (Challenge after expiration of time for rescission of acknowledgment or denial of paternity) and 2011 c 283 s 17 & 2002 c 302 s 308;(36) RCW 26.26.340 (Procedure for rescission or challenge of acknowledgment or denial of paternity) and 2011 c 283 s 18 & 2002 c 302 s 309;(37) RCW 26.26.345 (Ratification barred of unchallenged acknowledgment of paternity) and 2002 c 302 s 310;(38) RCW 26.26.350 (Full faith and credit) and 2002 c 302 s 311;(39) RCW 26.26.355 (Forms for acknowledgment and denial of paternity) and 2002 c 302 s 312;(40) RCW 26.26.360 (Release of information) and 2011 c 283 s 19 & 2002 c 302 s 313;(41) RCW 26.26.365 (Adoption of rules) and 2002 c 302 s 314;(42) RCW 26.26.370 (Acknowledgment of paternity—Application of RCW 26.26.300 through 26.26.375—Adjudication) and 2002 c 302 s 315;(43) RCW 26.26.375 (Judicial proceedings) and 2011 c 283 s 20 & 2002 c 302 s 316;(44) RCW 26.26.400 (Genetic testing—Application of RCW 26.26.405 through 26.26.450) and 2011 c 283 s 21 & 2002 c 302 s 401;(45) RCW 26.26.405 (Order for genetic testing) and 2011 c 283 s 22 & 2002 c 302 s 402;(46) RCW 26.26.410 (Requirements for genetic testing) and 2011 c 283 s 23 & 2002 c 302 s 403;(47) RCW 26.26.415 (Report of genetic testing) and 2002 c 302 s 404;(48) RCW 26.26.420 (Genetic testing results—Rebuttal) and 2011 c 283 s 24 & 2002 c 302 s 405;(49) RCW 26.26.425 (Costs of genetic testing) and 2011 c 283 s 25 & 2002 c 302 s 406;(50) RCW 26.26.430 (Additional genetic testing) and 2011 c 283 s 26 & 2002 c 302 s 407;(51) RCW 26.26.435 (Genetic testing when specimen not available) and 2011 c 283 s 27 & 2002 c 302 s 408;(52) RCW 26.26.440 (Genetic testing—Deceased individual) and 2002 c 302 s 409;(53) RCW 26.26.445 (Genetic testing—Identical brothers) and 2011 c 283 s 28 & 2002 c 302 s 410;(54) RCW 26.26.450 (Confidentiality of genetic testing—Penalty) and 2002 c 302 s 411;(55) RCW 26.26.500 (Proceeding to adjudicate parentage authorized) and 2002 c 302 s 501;(56) RCW 26.26.505 (Standing to maintain proceeding to adjudicate parentage) and 2011 c 283 s 29 & 2002 c 302 s 502;(57) RCW 26.26.510 (Parties to proceeding to adjudicate parentage) and 2011 c 283 s 30 & 2002 c 302 s 503;(58) RCW 26.26.515 (Proceeding to adjudicate parentage—Personal jurisdiction) and 2002 c 302 s 504;(59) RCW 26.26.520 (Proceeding to adjudicate parentage—Venue) and 2002 c 302 s 505;(60) RCW 26.26.525 (Proceeding to adjudicate parentage—No time limitation:
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Child having no presumed or adjudicated second parent and no acknowledged father) and 2011 c 283 s 31 & 2002 c 302 s 506;(61) RCW 26.26.530 (Proceeding to adjudicate parentage—Time limitation:
Child having presumed parent) and 2011 c 283 s 32 & 2002 c 302 s 507;(62) RCW 26.26.535 (Proceeding to adjudicate parentage—Authority to deny genetic testing) and 2011 c 283 s 33 & 2002 c 302 s 508;(63) RCW 26.26.540 (Proceeding to adjudicate parentage—Time limitation:
Child having acknowledged father or adjudicated parent) and 2011 c 283 s 34 & 2002 c 302 s 509;(64) RCW 26.26.545 (Joinder of proceedings) and 2011 c 283 s 35 & 2002 c 302 s 510;(65) RCW 26.26.550 (Proceeding to adjudicate parentage—Before birth) and 2011 c 283 s 36 & 2002 c 302 s 511;(66) RCW 26.26.555 (Child as party—Representation) and 2011 c 283 s 37 & 2002 c 302 s 512;(67) RCW 26.26.570 (Proceeding to adjudicate parentage—Admissibility of results of genetic testing—Expenses) and 2011 c 283 s 38 & 2002 c 302 s 521;(68) RCW 26.26.575 (Proceeding to adjudicate parentage—Consequences of declining genetic testing) and 2011 c 283 s 39 & 2002 c 302 s 522;(69) RCW 26.26.585 (Proceeding to adjudicate parentage—Admission of paternity authorized) and 2011 c 283 s 40 & 2002 c 302 s 523;(70) RCW 26.26.590 (Proceeding to adjudicate parentage—Temporary order) and 2011 c 283 s 41 & 2002 c 302 s 524;(71) RCW 26.26.600 (Rules for adjudication of parentage) and 2011 c 283 s 42 & 2002 c 302 s 531;(72) RCW 26.26.605 (Proceeding to adjudicate parentage—Jury prohibited) and 2002 c 302 s 532;(73) RCW 26.26.610 (Proceeding to determine parentage—Hearings—Inspection of records) and 2013 c 246 s 3 & 2002 c 302 s 533;(74) RCW 26.26.615 (Adjudication of paternity—Order on default) and 2002 c 302 s 534;(75) RCW 26.26.620 (Dismissal for want of prosecution) and 2011 c 283 s 43 & 2002 c 302 s 535;(76) RCW 26.26.625 (Order adjudicating parentage) and 2011 c 283 s 44 & 2002 c 302 s 536;(77) RCW 26.26.630 (Binding effect of determination of parentage) and 2011 c 283 s 45 & 2002 c 302 s 537;(78) RCW 26.26.700 (Application of RCW 26.26.705 through 26.26.740) and 2002 c 302 s 601;(79) RCW 26.26.705 (Child of assisted reproduction—Parental status of donor) and 2011 c 283 s 46 & 2002 c 302 s 602;(80) RCW 26.26.710 (Parentage of child of assisted reproduction) and 2011 c 283 s 47 & 2002 c 302 s 603;(81) RCW 26.26.715 (Consent to assisted reproduction) and 2011 c 283 s 48 & 2002 c 302 s 604;(82) RCW 26.26.720 (Child of assisted reproduction—Limitation on dispute of parentage) and 2011 c 283 s 49 & 2002 c 302 s 605;(83) RCW 26.26.725 (Child of assisted reproduction—Effect of dissolution of marriage or domestic partnership) and 2011 c 283 s 50 & 2002 c 302 s 606;(84) RCW 26.26.730 (Child of assisted reproduction—Parental status of deceased individual) and 2011 c 283 s 51 & 2002 c 302 s 607;(85) RCW 26.26.735 (Child of assisted reproduction—Effect of agreement between egg donor and woman who gives birth) and 2011 c 283 s 52 & 2002 c 302 s 608;(86) RCW 26.26.740 (Child of assisted reproduction—Issuance of birth certificate) and 2002 c 302 s 609;(87) RCW 26.26.750 (Identifying information—Requirement to provide—Disclosure) and 2011 c 283 s 53;(88) RCW 26.26.760 (Sexual assault resulting in pregnancy—Parental rights and responsibilities) and 2017 c 234 s 1;(89) RCW 26.26.903 (Uniformity of application and construction—2002 c 302) and 2011 c 283 s 54 & 2002 c 302 s 709;(90) RCW 26.26.904 (Transitional provision) and 2002 c 302 s 712;(91) RCW 26.26.911 (Short title—2002 c 302) and 2011 c 283 s 55 & 2002 c 302 s 101;
and(92) RCW 26.26.914 (Construction—Chapter applicable to state registered domestic partnerships—2009 c 521) and 2009 c 521 s 67.NEW SECTION.  Sec. 908.  LEGISLATIVE DIRECTIVE.
Sections 101 through 903 of this act constitute a new chapter in Title 26 RCW, with the following subchapters:(1) Sections 101 through 107 of this act must be codified under the subchapter heading "general provisions."(2) Sections 201 through 204 of this act must be codified under the subchapter heading "parent-child relationship."(3) Sections 301 through 314 of this act must be codified under the subchapter heading "voluntary acknowledgment of parentage."(4) Sections 401 through 412 of this act must be codified under the subchapter heading "genetic testing."(5)(a) Sections 501 through 523 of this act must be codified under the subchapter heading "proceeding to adjudicate parentage."(b) Sections 501 through 505 of this act must be codified under the subchapter heading "proceeding to adjudicate parentage" with the subheading "nature of proceeding."(c) Sections 506 through 514 of this act must be codified under the subchapter heading "proceeding to adjudicate parentage" with the subheading "special rules for proceeding to adjudicate parentage."(d) Sections 515 through 523 of this act must be codified under the subchapter heading "proceeding to adjudicate parentage" with the subheading "hearing and adjudication."(6) Sections 601 through 608 of this act must be codified under the subchapter heading "assisted reproduction."(7)(a) Sections 701 through 718 of this act must be codified under the subchapter heading "surrogacy agreement."(b) Sections 701 through 707 of this act must be codified under the subchapter heading "surrogacy agreement" with the subheading "general requirements."(c) Sections 708 through 712 of this act must be codified under the subchapter heading "surrogacy agreement" with the subheading "special rules for gestational surrogacy agreement."(d) Sections 713 through 718 of this act must be codified under the subchapter heading "surrogacy agreement" with the subheading "special rules for genetic surrogacy agreement."(8) Sections 801 through 806 of this act must be codified under the subchapter heading "information about donor."(9) Sections 901 through 903 of this act must be codified under the subchapter heading "miscellaneous provisions."--- END ---
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Action History

  1. Effective date 1/1/2019.

  2. Chapter 6, 2018 Laws.

  3. Governor signed.

  4. Delivered to Governor.

  5. Speaker signed.

  6. President signed.

  7. Third reading, passed; yeas, 50; nays, 47; absent, 0; excused, 1.

  8. Rules suspended. Placed on Third Reading.

  9. Rules Committee relieved of further consideration. Placed on second reading.

  10. Referred to Rules 2 Review.

  11. Minority; do not pass.

  12. JUDI - Majority; do pass.

  13. First reading, referred to Judiciary (Not Officially read and referred until adoption of Introduction report).

  14. Third reading, passed; yeas, 27; nays, 21; absent, 0; excused, 1.

  15. Rules suspended. Placed on Third Reading.

  16. Floor amendment(s) adopted.

  17. 1st substitute bill substituted.

  18. 1st substitute bill substituted.

  19. Placed on second reading by Rules Committee.

  20. Placed on second reading by Rules Committee.

  21. Passed to Rules Committee for second reading.

  22. Passed to Rules Committee for second reading.

  23. Minority; without recommendation.

  24. Minority; do not pass.

  25. LAW - Majority; 1st substitute bill be substituted, do pass.

  26. Minority; without recommendation.

  27. Minority; do not pass.

  28. LAW - Majority; 1st substitute bill be substituted, do pass.

  29. First reading, referred to Law & Justice.

  30. Prefiled for introduction.

Sponsors

Sponsorship breakdown

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1 sponsors · 27 co-sponsors · 123 not signed on · 25 voted No

Sponsors (1)

Co-sponsors (27)

Not signed on (123)

123 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Final Passage (#47)

Passed 50 Yea · 47 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 183101
Republican 01500
Democrat 32100
Total 504701
% of votes cast 51%48%0%1%
How each member voted (98)
Member Party Vote
Appleton — Yea
Buys — Nay
Cody — Yea
Dolan — Yea
Graves — Nay
Haler — Nay
Harmsworth — Nay
Hayes — Nay
Nealey — Nay
Pellicciotti — Yea
Pettigrew — Yea
Pike — Nay
Rodne — Nay
Sawyer — Yea
Sells — Yea
Shea — Nay
Hargrove — Nay
Blake — Yea
Chandler — Nay
Chopp — Yea
Clibborn — Yea
Condotta — Nay
DeBolt — Not Voting
Hudgins — Yea
Irwin — Nay
Smith — Nay
Stambaugh — Nay
Sullivan — Yea
Tarleton — Yea
Vick — Nay
Wilcox — Nay
Young — Nay
Jenkin — Nay
Kagi — Yea
Kirby — Yea
Klippert — Nay
Kraft — Nay
Kretz — Nay
Kristiansen — Nay
Lytton — Yea
Manweller — Nay
Maycumber — Nay
McBride — Yea
McCaslin — Nay
McDonald — Nay
Morris — Yea
Mosbrucker — Nay
Muri — Nay
Johnson, J. — Nay
Van Werven — Nay
Beth Doglio Democrat Yea
Chris Kilduff Democrat Yea
Cindy Ryu Democrat Yea
Derek Stanford Democrat Yea
Drew Hansen Democrat Yea
Gerry Pollet Democrat Yea
Jake Fey Democrat Yea
Jamila Taylor Democrat Nay
Javier Valdez Democrat Yea
Joe Fitzgibbon Democrat Yea
John Lovick Democrat Yea
June Robinson Democrat Yea
Kristine Reeves Democrat Yea
Larry Springer Democrat Yea
Laurie Jinkins Democrat Yea
Lillian Ortiz-Self Democrat Yea
Marcus Riccelli Democrat Yea
Mia Gregerson Democrat Yea
Mike Chapman Democrat Yea
Monica Jurado Stonier Democrat Yea
Nicole Macri Democrat Yea
Noel Frame Democrat Yea
Roger Goodman Democrat Yea
Sharon Tomiko Santos Democrat Yea
Sharon Wylie Democrat Yea
Shelley Kloba Democrat Yea
Steve Bergquist Democrat Yea
Steve Tharinger Democrat Yea
Strom Peterson Democrat Yea
Tana Senn Democrat Yea
Timm Ormsby Democrat Yea
Tina Orwall Democrat Yea
Vandana Slatter Democrat Yea
Andrew Barkis Republican Nay
Carolyn Eslick Republican Nay
Dan Griffey Republican Nay
Drew MacEwen Republican Nay
Drew Stokesbary Republican Nay
Ed Orcutt Republican Nay
Jeff Holy Republican Nay
Jim Walsh Republican Nay
Joe Schmick Republican Nay
Mary Dye Republican Nay
Michelle Valdez Republican Nay
Mike Steele Republican Nay
Mike Volz Republican Nay
Paul Harris Republican Nay
Tom Dent Republican Nay

Official roll call →

Passed 27 Yea · 21 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 171400
Democrat 9000
Republican 1701
Total 272101
% of votes cast 55%43%0%2%
How each member voted (49)
Member Party Vote
Angel — Nay
Bailey — Nay
Baumgartner — Nay
Becker — Nay
Ericksen — Nay
Hawkins — Nay
Hobbs — Yea
Palumbo — Yea
Rivers — Yea
Rolfes — Yea
Sheldon — Nay
Brown — Nay
Wilson — Nay
Billig — Yea
Carlyle — Yea
Darneille — Yea
Fain — Yea
Frockt — Yea
Honeyford — Nay
Keiser — Yea
Kuderer — Yea
McCoy — Yea
Miloscia — Nay
Mullet — Yea
Nelson — Yea
O'Ban — Nay
Padden — Nay
Ranker — Yea
Takko — Yea
Zeiger — Nay
Van De Wege — Yea
Annette Cleveland Democrat Yea
Bob Hasegawa Democrat Yea
Jamie Pedersen Democrat Yea
Lisa Wellman Democrat Yea
Manka Dhingra Democrat Yea
Marko Liias Democrat Yea
Rebecca Saldaña Democrat Yea
Steve Conway Democrat Yea
Victoria Hunt Democrat Yea
Curtis King Republican Nay
Jim Walsh Republican Not Voting
John Braun Republican Nay
Judy Warnick Republican Nay
Keith Wagoner Republican Nay
Mark Schoesler Republican Nay
Phil Fortunato Republican Nay
Rob Chase Republican Yea
Shelly Short Republican Nay

Official roll call →

Subjects

Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors SB 6037?
SB 6037 is sponsored by Walsh, Fain, Kuderer, Rivers, Carlyle, Darneille, Manka Dhingra (Democrat), Frockt, Bob Hasegawa (Democrat), Hobbs, Marko Liias (Democrat), McCoy, Nelson, Palumbo, Rolfes, Billig, Chase, Annette Cleveland (Democrat), Steve Conway (Democrat), Keiser, Mullet, Jamie Pedersen (Democrat), Ranker, Rebecca Saldaña (Democrat), Lisa Wellman (Democrat), Takko, Victoria Hunt (Democrat), and Van De Wege.
What is the current status of SB 6037?
This bill has been enacted into law. Introduced December 20, 2017. Enacted.
Where can I track SB 6037?
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