Are there legal implications for parents with regards to the use of assisted reproductive technologies?
Yes, there are legal implications for parents who use assisted reproductive technologies in Washington. Generally, the law views intended parents as those who initiated the use of assisted reproductive technologies and whose names will appear on the child’s birth certificate. In Washington, infertility clinics must provide intended parents with a written description of the legal rights of a parent before beginning any treatments. This usually includes information about the use of donor sperm or eggs, or if both parents are not genetically related to the child. Intended parents may need to establish a parent-child relationship before a birth certificate is issued. They may do this by entering into a pre-birth or post-birth agreement with the gestational carrier, which will define their parental rights. They may also need to undergo a home study for foster care placement. Once all the forms are completed and the relationship is established, the intended parents will be added to the child’s birth certificate. When using donor sperm or eggs, the intended parents will need to legally adopt the child, even if one of the intended parents is genetically related to the child. This will give them the legal rights and responsibilities of any other parent in Washington. In Washington, intended parents should seek legal counsel to ensure that their parental rights are protected. Because Assisted Reproductive Technology is a relatively new area of law, it is important for intended parents to understand their rights and responsibilities before beginning any treatments.
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