Modern Fertility Law

In recent years, Washington has updated its parentage laws to modernize and clarify how families are formed through assisted reproduction and surrogacy. Central to this effort is RCW 26.26A, the state’s Uniform Parentage Act (UPA), which explicitly authorizes enforceable gestational carrier agreements and permits judicial parentage orders, including pre-birth orders, under defined legal conditions. This statutory framework was enacted to provide predictability for intended parents, gestational carriers, and children alike, ensuring legal parentage can be determined efficiently and fairly in surrogacy arrangements.

1. Background: The Uniform Parentage Act and Surrogacy Law Reform

Before the adoption of RCW 26.26A in 2019, Washington lacked a clear statutory scheme governing surrogacy and the determination of parentage in assisted reproduction cases. The prior law, RCW 26.26, provided limited guidance around paternity and parenthood generally but did not comprehensively address modern reproductive technologies or gestational carrier arrangements.

The Uniform Parentage Act (Chapter 26.26A RCW), effective January 1, 2019, significantly expanded and clarified parentage law. Among its many sections, RCW 26.26A.700-785 provides a detailed regime governing surrogacy agreements, including gestational surrogacy, enabling those agreements to be enforceable contracts when specific statutory requirements are met. The statute also sets forth mechanisms for establishing legal parentage through pre-birth and post-birth orders in court.

2. Defining Gestational Surrogacy and the Statutory Framework

Under RCW 26.26A, a surrogacy agreement is broadly defined as a contract in which a person agrees to become pregnant and deliver a child for another person or couple, often referred to as the intended parents. The statute distinguishes gestational surrogacy from genetic (traditional) surrogacy: in gestational surrogacy, the surrogate carries an embryo with no genetic link to her; in genetic surrogacy, the surrogate is also the genetic contributor. Certain provisions of RCW 26.26A explicitly govern these separate arrangements.

Gestational surrogacy is the most common model used in modern assisted reproduction because it clearly separates biological and legal parentage—issues that the statute directly addresses by placing intended parents on firm legal footing.

3. Enforceability of Gestational Carrier Agreements

A. Statutory Recognition of Enforceability

One of the core components of RCW 26.26A is its recognition that gestational carrier agreements can be enforceable if they comply with specified statutory requirements. RCW 26.26A.755 states in clear terms:

“A gestational surrogacy agreement that complies with RCW 26.26A.705, 26.26A.710, and 26.26A.715 is enforceable.”

This provision signals a significant shift from older approaches that treated such agreements as unenforceable or subject to judicial skepticism. Under the current law, enforceability is tied not to general contract principles but to compliance with statutory preconditions ensuring fairness, voluntariness, and protection of all parties’ rights.

B. Statutory Requirements for Enforceability

To qualify for statutory enforceability, a gestational carrier agreement must meet all of the following:

1. Eligibility under RCW 26.26A.705 (including minimum age and ability to consent).
2. Procedural requirements under RCW 26.26A.710 (timing and formal execution procedures).
3. Content standards under RCW 26.26A.715 (substantive clause requirements). 

These requirements are designed to uphold both parties’ autonomy and the child’s welfare.

RCW 26.26A.705 & RCW 26.26A.710

Although relatively technical, these sections ensure that all parties:

• are of legal age and capacity,
• enter into the agreement voluntarily and with full understanding,
• execute the agreement before any medical procedures,
• have independent legal counsel, and
• have fully disclosed and documented the terms. 

For example, the statute requires independent legal representation for the surrogate and intended parents, with each counsel identified in the agreement, and that the surrogate be advised of her rights and responsibilities.

RCW 26.26A.715: Content Requirements

RCW 26.26A.715 specifies substantive elements that must be included in a valid surrogacy contract. These include:

• an agreement by the surrogate to undergo assisted reproduction procedures,
• provisions about the surrogate’s and intended parents’ understanding that parentage will not vest in the surrogate,
• detailed disclosures about medical, financial, and insurance arrangements,
• confirmation that the surrogate retains control over her health decisions during pregnancy, and
• information about rights to terminate the agreement. 

This section is fundamental: an agreement that fails these content requirements is not statutorily enforceable, though courts may still adjudicate rights consistent with the parties’ intent.

C. Remedies and Limits on Enforcement

If an enforceable gestational carrier agreement is breached, the statute allows traditional remedies at law or equity, such as damages, except in certain situations. For instance, specific performance is generally not available for breaches relating to the surrogate’s bodily autonomy. However, if a court has determined parentage and prevented intended parents from exercising parental rights at birth due to a breach, specific performance may be available in that narrow context.

4. Parentage: Operation of Law and Order of Parentage

A. Parentage by Operation of Law

RCW 26.26A.740 addresses parentage in gestational surrogacy cases. It provides that:

“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…”

This means that intended parents become legal parents at birth without any additional adoption or administrative steps if the gestational surrogacy agreement is compliant. Likewise, the surrogate and her spouse or former spouse are not considered parents, reinforcing that legal parentage shifts to the intended parents at birth.

There are exceptions, particularly if the surrogate is genetically related to the child, in which case genetic testing is ordered, and parentage is determined under the standard parentage provisions.

B. Special Rules for Deceased Intended Parents

RCW 26.26A.745 ensures that an intended parent who dies after gamete or embryo transfer is still treated as a parent unless the agreement explicitly provides otherwise, under certain timing conditions. This protects intended parents’ rights and families from unintended consequences of death during the reproductive process.

5. Pre-Birth Orders: Early Determination of Parentage

One of the most practical innovations in Washington’s law is the availability of pre-birth parentage orders for gestational surrogacy.

A. Statutory Authority for Pre-Birth Orders

RCW 26.26A.750 permits a party to a gestational surrogacy agreement to initiate a superior court proceeding before, on, or after birth to obtain an order declaring that each intended parent is a parent of the child. The court may include:

• Vesting parental rights and duties in intended parents immediately at birth,
• Declaring the surrogate is not a parent,
• Ordering the state registrar of vital statistics to list the intended parents on the birth record, and
• Protecting the privacy of the child and parties, among other relief. 

Importantly, the court can issue this order before birth, though enforcement is stayed until after birth. This allows intended parents to secure legal parentage in advance of delivery, reducing uncertainty and administrative challenges at the hospital and afterward.

B. Practical Significance of Pre-Birth Orders

Pre-birth orders are particularly valuable because they:

• Provide certainty that intended parents will be recognized at birth,
• Allow intended parents to be listed on the child’s birth certificate without a separate post-birth parentage proceeding,
• Avoid delays or disputes at hospitals or with government agencies, and
• Are available regardless of marital status, sexual orientation, or whether one or both intended parents have a genetic link to the child. 

Washington’s law is considered surrogacy-friendly, emphasizing inclusion of diverse family types under its pre-birth order provisions.

C. Distinction From Genetic Surrogacy Parentage Orders

Notably, pre-birth orders are not routinely available in genetic (traditional) surrogacy agreements. Genetic surrogate agreements require validation by the court before assisted reproduction, and post-birth proceedings are used instead.

6. Administrative and Practical Considerations

A. Birth Records and Registrar Directives

Under RCW 26.26A.750, a superior court order can direct the state registrar of vital statistics to list the intended parents on the birth certificate. This avoids the administrative hurdle some states impose when intended parents are not recognized on initial birth records.

B. Privacy and Court Records

The statute also allows courts to limit inspection of records to protect the privacy interests of the child and parties, a feature that acknowledges the sensitive nature of assisted reproduction and surrogacy arrangements.

C. Application and Jurisdiction

Court proceedings under RCW 26.26A occur in Washington’s superior courts, which have exclusive jurisdiction over parentage actions. The law applies regardless of the child’s birth location if the court has proper jurisdiction, anchoring the state law’s reach beyond strict geographic limits.

7. Conclusion

Washington’s Uniform Parentage Act (RCW 26.26A) provides a robust legal framework for the use of gestational carrier agreements and pre-birth parentage orders, reflecting modern family building realities. By specifying enforceability standards for gestational surrogacy contracts and allowing intended parents to obtain pre-birth judicial recognition of their parental status, the statute promotes legal certainty, inclusivity, and child welfare.

The statutory scheme requires careful adherence to requirements governing the execution, content, and enforcement of agreements and outlines clear judicial procedures for recognizing intended parents. These elements work together to ensure that surrogacy arrangements are not only legally enforceable but that the resulting parent-child relationships are secure and recognized both socially and legally at the earliest possible stage.

For intended parents, surrogates, and practitioners, RCW 26.26A represents a thoughtful and comprehensive approach to integrating assisted reproduction into the state’s parentage law—balancing contractual enforceability with protections for all involved.

Modern Fertility Law has made this content available to the general public for informational purposes only. The information on this site is not intended to convey legal opinions or legal advice. For further information on medical issues, please consult the American Society for Reproductive Medicine.

RESOLVE: The National Infertility Association’s “#MoreThan” campaign for National Infertility Awareness Week (April 19–25, 2026) highlights that people facing infertility are more than their diagnosis, celebrating their diverse paths, identities, and, in some cases, the emotional toll of navigating infertility. This initiative emphasizes the need for increased support, education, and representation for those dealing with the physical and emotional challenges of infertility.

For many intended parents, the decision to pursue surrogacy does not come lightly. It is often the culmination of years—sometimes decades—of emotional upheaval, uncertainty, hope, and loss. By the time surrogacy is considered, most prospective parents have already walked a long, difficult path defined by infertility diagnoses, repeated miscarriages, and unsuccessful IVF attempts.

The Invisible Labor of Hope and Disappointment

Infertility is frequently described medically as the inability to conceive after one year of unprotected intercourse, or six months for women over 35. Yet for the individuals experiencing it, infertility is not merely a clinical condition—it is an ongoing struggle with uncertainty. The average couple may rarely encounter difficulty when trying to conceive. But for those facing infertility, each month brings a cycle of anticipation followed by disappointment. Conception becomes less about intimacy and more about timing, testing, and calendars. The emotional stress builds incrementally, hidden beneath the surface of everyday conversations and social interactions. Friends and family, often uninformed about the psychological weight of infertility, may offer platitudes such as “just relax” or “it will happen when it’s meant to.” These comments, though well-intentioned, can intensify feelings of isolation. Intended parents may internalize the struggle, perceiving themselves as failing at something that others accomplish effortlessly.

Choosing Surrogacy

By the time surrogacy emerges as a possibility, many couples have already faced some combination of:

• Multiple seasons of trying to conceive without success.
• One or more miscarriages with lasting emotional effects.
• Several rounds of IVF, each with its own hopes and setbacks.
• Financial strain from costly treatments that are often not fully covered by insurance.
• Emotional fatigue—not just individual but relational.

At this stage, surrogacy is not about abandoning hope. Rather, it is an alternative hope—a reimagined path toward parenthood that acknowledges biological, physical, or medical limitations while still embracing the core desire to have a child. Surrogacy expands the definition of parenthood. It invites a collaborative model where multiple individuals—intended parents, surrogate, medical teams—participate in creating and welcoming new life. For many, this shared experience enriches the meaning of family. Where infertility and miscarriage often leave couples feeling powerless, surrogacy offers a renewed sense of agency. Surrogacy contracts, medical planning, and intentional choice empower intended parents to move forward with clarity rather than constantly waiting. Each step toward surrogacy—research, choosing an agency or clinic, matching with a surrogate, entering legal agreements—signals progress. After seasons of waiting, there is momentum.  Even though fear of loss may remain, there is forward motion, and for many, that movement is healing.

The road to surrogacy is rarely linear. Surrogacy, then, is both a continuation and a transformation of hope. Recognizing the emotional complexity behind the decision to pursue surrogacy fosters empathy, deepens support, and honors the profound emotional work that precedes every new beginning.

Modern Fertility Law has made this content available to the general public for informational purposes only. The information on this site is not intended to convey legal opinions or legal advice. For further information on medical issues, please consult the American Society for Reproductive Medicine.

While the primary goal of the surrogacy journey is the successful birth of a child, many involved find that the emotional ties forged during this time extend far beyond delivery day. Gestational carriers particularly value continued relationships with intended parents after the journey concludes, so clear communication about expectations before the process is vital. Further genuine connections can evolve organically over time. The relationship between a GC and IPs is unique. It is professional, legal, and emotional all at once. GCs provide an extraordinary service, but they also participate in one of life’s most vulnerable, intimate experiences. For many gestational carriers, the bond they form with the intended parents can be powerful, shaped by shared celebrations, challenges, and the sheer emotional weight of bringing a new life into the world.

Continuation of the relationship after the surrogacy journey can mean different things for different people. For some gestational carriers, it means staying connected via occasional updates about the child. For others, it may be ongoing communication—calls, visits, or participation in major milestones like birthdays or graduations.

Gestational carriers often develop deep emotional connections to the intended parents during the surrogacy process. Through appointments, ultrasounds, shared decision-making, and emotional support, a relationship of trust and respect is nurtured. It’s natural for GCs to want to maintain some connection with the people with whom they navigated such an intense experience. Continued connection allows them to witness the child’s growth and celebrate milestones. Many describe this desire not as an attachment to the child (to avoid conflict over parental roles), but as a joy in seeing the intended parents flourish in their roles as parents. When the surrogacy process is marked by mutual respect, kindness, and open communication, relationships flourish. Continued contact can feel like a natural extension of a positive experience. It reinforces the meaning of the journey for both parties.

Why Clear Communication Before the IVF Journey is Essential

While many relationships between GCs and IPs develop naturally, assumptions can lead to misunderstandings later. The key to navigating post-delivery relationships without conflict is clear, honest communication before the process begins.

One of the first steps in building a contract should be discussing post-birth communication. This includes questions like:

• Do we want to stay in contact after the pregnancy?
• How frequently should we communicate?
• What types of updates are welcome (photos, texts, video calls)?
• Are visits acceptable? If so, at what level of intimacy?
• How will changes in life circumstances be handled?

At its core, continued connection after the surrogacy journey is not about maintaining constant contact—it’s about honoring the shared experience, recognizing the humanity in each other, and celebrating the life that brought everyone together. When nurtured thoughtfully, these bonds can become cherished parts of a lifetime narrative for gestational carriers, intended parents, and the children whose lives they helped create.

From: jaced.com <jaced.com@gmail.com>
Sent: Friday, January 30, 2026 2:50 PM
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Subject: Ai content for approval (Continuing journey)

The Lasting Bond: How Gestational Carriers Value Continued Relationships with Intended Parents After IVF

In the complex and deeply emotional journey of assisted reproduction, gestational carriers (GCs) and intended parents (IPs) navigate a path that merges science, hope, trust, and human connection. While the primary goal of the surrogacy process is the successful birth of a child, many involved find that the emotional ties forged during this time extend far beyond delivery day. Here we’ll explore how gestational carriers value continued relationships with intended parents after the surrogacy journey concludes, why clear communication about expectations before the process is vital, and how genuine connections can evolve organically over time.

Understanding the Gestational Carrier–Intended Parent Relationship

A gestational carrier is a woman who carries a pregnancy for someone who cannot carry a pregnancy to term herself. Unlike traditional surrogacy, where the carrier’s own egg is used, a gestational carrier has no genetic link to the child. For many, this arrangement is rooted in altruism, empathy, and a desire to help others achieve parenthood.

The relationship between a GC and IPs is unique. It is professional, legal, and emotional all at once. GCs provide an extraordinary service, but they also participate in one of life’s most vulnerable, intimate experiences. For many gestational carriers, the bond they form with the intended parents can be powerful, shaped by shared celebrations, challenges, and the sheer emotional weight of bringing a new life into the world.

Why Continued Relationships Matter to Gestational Carriers

Continuation of the relationship after the surrogacy journey can mean different things for different people. For some gestational carriers, it means staying connected via occasional updates about the child. For others, it may be ongoing communication—calls, visits, or participation in major milestones like birthdays or graduations.

So what motivates GCs to want to stay involved?

1. A Sense of Emotional Investment

Gestational carriers often develop deep emotional connections to the intended parents during the surrogacy process. Through appointments, ultrasounds, shared decision-making, and emotional support, a relationship of trust and respect is nurtured. It’s natural for GCs to want to maintain some connection with the people with whom they navigated such an intense experience.

For many carriers, the intended parents become more than clients—they become friends.

2. Pride in Helping Build a Family

Some carriers feel proud to see the family they helped bring into the world thrive. Continued connection allows them to witness the child’s growth and celebrate milestones. Many describe this desire not as an attachment to the child (to avoid conflict over parental roles), but as a joy in seeing the intended parents flourish in their roles as mom and dad.

3. Shared History and Mutual Respect

When the surrogacy process is marked by mutual respect, kindness, and open communication, relationships flourish. Continued contact can feel like a natural extension of a positive experience. It reinforces the meaning of the journey for both parties.

• Open communication before the surrogacy process about expectations and boundaries,
• Compassionate dialogue that honors everyone’s feelings,
• A willingness to evolve and adapt as relationships grow, and
• Mutual respect for roles and autonomy.

At its core, continued connection after the surrogacy journey is not about maintaining constant contact—it’s about honoring the shared experience, recognizing the humanity in each other, and celebrating the life that brought everyone together. When nurtured thoughtfully, these bonds can become cherished parts of a lifetime narrative for gestational carriers, intended parents, and the children whose lives they helped create.

Modern Fertility Law has made this content available to the general public for informational purposes only. The information on this site is not intended to convey legal opinions or legal advice. For further information on medical issues, please consult the American Society for Reproductive Medicine.

In the last few decades, reproductive technology has reshaped not only who can become a parent, but how families are formed. One particularly notable demographic transformation has been the rise in single, middle-aged mothers — women in their 30s, 40s, and beyond who choose to have children without a partner, many of whom use IVF with donor sperm or other assisted reproductive technologies.

1. A Demographic Shift: Who Are These Women?

In the U.S., the number of unmarried women in their 40s having babies has surged dramatically over recent decades — with data showing an approximate 250% increase over the past 30 years.

Several factors intersect here:

• Delayed partner formation: Many women today delay long-term relationships due to educational goals, career building, economic independence, or changing personal priorities — a trend reflected in the fact that roughly 44% of U.S. women are unpartnered. 
• Reproductive timing pressures: Women who focused on career or other life goals in their 20s and 30s may find themselves in their mid-30s without a stable partner when they decide they want to have children. When fertility declines with age, waiting for the “right partner” can suddenly feel like a gamble. In cases where time is short and conception is urgent, IVF — often combined with donor sperm — becomes a viable path to parenthood.
• Evolving social acceptance: The concept of single motherhood by choice — once rare or socially frowned upon — has become more recognized, legally protected, and socially supported. Clinics report that single women now make up a growing share of those accessing donor sperm with IVF. 

These demographic shifts underpin the rising presence of single, middle-aged mothers — women who might not have had children without assisted reproduction technologies.

2. The Role of IVF in Expanding Reproductive Options

IVF is no longer just a solution to infertility caused by biological or medical issues. It has become a family-building tool for people with a wide range of reproductive goals, including single women who want children without a partner. IVF’s value isn’t just in helping couples with fertility issues — it also decouples reproduction from traditional relationships. Women can elect to use donor sperm and IVF as a path to biological parenthood without relying on a partner for conception.

This technological capability has profound demographic effects:

• Greater autonomy: Single women have more control over timing and decision-making around parenthood.
• Expanded family models: Families formed through IVF can include individuals, same-sex couples, and others outside traditional family structures.
• Age extension of fertility: While IVF doesn’t stop biological aging, it can extend the window during which pregnancy is possible — particularly when combined with egg freezing or donor eggs.

As IVF becomes more widely known, accessible (in some regions), and socially acceptable, its role in enabling single women to become mothers has grown.

3. Statistical Trends and Societal Impact

While comprehensive global statistics on single, middle-aged mothers via IVF are limited, several trends signal a significant impact:

• IVF births are increasing: In the U.S., nearly 100,000 babies are now born via IVF annually — a 50% rise over the past decade. 
• Rise among older mothers: Older mothers, including those in their 40s, are contributing a growing share of IVF births. As fertility naturally declines with age, IVF helps many women conceive later than would otherwise be possible.
• Increase in single women using IVF: The number of single women undergoing fertility treatments including IVF and donor insemination rose dramatically over the last couple of decades.

These trends intersect with broader societal shifts:

• Delayed childbearing: Across high-income countries, people tend to have children later, often in their 30s and 40s.
• Societal acceptance of diverse family forms: Single parenthood, childfree couples, blended families, and same-sex parent households are more common and socially accepted than in previous generations.
• Declining traditional marriage rates: As marriage becomes less central to family formation for many people, alternative pathways like IVF become more salient.

Together, these trends suggest that IVF has not caused single motherhood on its own, but it has enabled and amplified a demographic that might have remained smaller or less visible in the past.

4. Social and Economic Dimensions

The rise of single, middle-aged mothers via IVF isn’t just a clinical phenomenon — it’s deeply tied to social and economic conditions.

Economic Access and Inequality

IVF remains expensive, with many women requiring multiple attempts to achieve pregnancy.

• Insurance coverage varies widely; in the U.S., only a minority of employers or state mandates provide meaningful coverage for fertility treatments.
• Single women who pursue IVF often have above-average education and income, because they need significant financial resources to afford the treatment.
• In countries with public funding or national health systems, access can vary, but the trend toward more singles receiving treatment has also been noted internationally.

This economic dimension means IVF’s impact on single motherhood is not uniform — wealthier women are more able to access these technologies and build families through them.

Work and Career Considerations

Many women who become single mothers in their 30s or 40s have spent earlier years establishing careers. IVF enables them to pursue parenthood without putting professional ambitions on indefinite hold.

However, raising children solo also intersects with career challenges:

• Single mothers often juggle work and childcare without a partner’s support.
• Workplace policies around parental leave, flexible schedules, and childcare support become even more important.
• There can be financial strain, particularly in professions without robust benefits.

These social realities shape the lived experience of many single, IVF-enabled mothers.

5. Motivations and Lived Experiences

Research into the motivations and experiences of women who choose to become single mothers through IVF reveals a complex mix of personal, emotional, and social factors:

• Strong desire for motherhood: Many women prioritize having children and are unwilling to wait indefinitely for an ideal partner. IVF with donor sperm becomes a planned and intentional choice rather than a last resort.
• Life goals and timing: Women who delayed parenthood for education, career, travel, or financial stability may find themselves in their late 30s or early 40s without a partner but ready for motherhood.
• Community support and identity: Many single mothers by choice report strong family and community networks that help support them through pregnancy and parenting. 

At the same time, the emotional and physical challenges of IVF and solo parenting are significant. IVF success rates decline with age, and many women undergo multiple cycles, with varying emotional and financial tolls. Parenting without a partner can place additional burdens on time, energy, and social life.

6. Broader Family and Policy Implications

The increase in single, middle-aged mothers through IVF reshapes traditional notions of family and raises important questions for policy and society:

Public Health and Child Well-Being

Some research suggests that children born to single mothers or via ART may have slightly different health outcomes, including potentially higher rates of certain health risks, though outcomes are heavily mediated by socioeconomic status and healthcare access.

This underscores the importance of comprehensive healthcare support for families formed via IVF.

Access to Fertility Care

Given the high costs of IVF, there are ongoing debates about insurance coverage, government support, and equitable access to fertility treatments. Advocates argue for broader coverage to give more women the choice to pursue parenthood through IVF if they want it.

Workplace and Social Supports

As more single women choose to have children later in life, workplace policies — including parental leave, childcare support, and flexible scheduling — become critical for enabling these mothers to thrive both as parents and professionals.

7. Looking Ahead: Continued Change and New Norms

IVF’s role in enabling single, middle-aged motherhood is part of a larger picture in which reproductive choices are expanding, and family structures are diversifying. While the majority of women still prefer to have children within partnerships, IVF provides a viable alternative for those who want children but are without a partner when their fertility window narrows.

As IVF technology continues to improve and social norms continue to evolve, the number and visibility of single mothers by choice are likely to grow.

In many respects, IVF has become more than a medical procedure — it’s a social catalyst that allows individuals to define their own timelines and family structures, challenging traditional models of family and widening the spectrum of what it means to be a parent in the 21st century

Modern Fertility Law has made this content available to the general public for informational purposes only. The information on this site is not intended to convey legal opinions or legal advice. For further information on medical issues, please consult the American Society for Reproductive Medicine.