What are the legal implications of assisted reproductive technology with regards to parenthood?

In Washington, assisted reproductive technology (ART) has a number of legal implications with regards to parenthood. In general, the legal presumption is that the child born through ART is the child of the birth mother, regardless of any other factors, unless the ART agreements provide otherwise. This means that the birth mother is legally considered the legal parent and is responsible for the care and welfare of the child. In addition, the intended parents of the child born through ART also have legal rights and responsibilities. In Washington, intended parents are legally recognized if they have a valid pre-birth order from a court. This order both establishes the intended parents’ rights, such as the decision-making power and financial responsibilities, and also creates a legal parent-child relationship with the child. Finally, donors of gametes (sperm or egg) also have certain legal rights in Washington. As with the intended parents, donors need to sign a consent form in order to have their legal rights recognized. This consent form confirms that the donor has no legal rights or responsibilities for the child born through ART. Overall, ART is a complex area of law and the legal implications of parenthood can vary from case to case. It is important to consult a lawyer if you are considering ART in order to ensure that all parties are protected.

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