26.26.735 - Child of assisted reproduction -- Effect of agreement between ovum donor and woman who gives birth.

Child of assisted reproduction — Effect of agreement between ovum donor and woman who gives birth.

The donor of ovum provided to a licensed physician for use in the alternative reproductive medical technology process of attempting to achieve a pregnancy in a woman other than the donor is treated in law as if she were not the natural mother of a child thereafter conceived and born unless the donor and the woman who gives birth to a child as a result of the alternative reproductive medical technology procedures agree in writing that the donor is to be a parent. RCW 26.26.705 does not apply in such case. A woman who gives birth to a child conceived through alternative reproductive medical technology procedures under the supervision and with the assistance of a licensed physician is treated in law as if she were the natural mother of the child unless an agreement in writing signed by an ovum donor and the woman giving birth to the child states otherwise. An agreement pursuant to this section must be in writing and signed by the ovum donor and the woman who gives birth to the child and any other intended parent of the child. The physician shall certify the parties' signatures and the date of the ovum harvest, identify the subsequent medical procedures undertaken, and identify the intended parents. The agreement, including the affidavit and certification referenced in *RCW 26.26.030, must be filed with the registrar of vital statistics, where it must be kept confidential and in a sealed file.

[2002 c 302 § 608.]

Notes: *Reviser's note: RCW 26.26.030 was repealed by 2002 c 302 § 711.