2011 House Bill 1267: Clarifying and expanding the rights and obligations of state registered domestic partners and other couples related to parentage
Introduced by Rep. Jamie Pedersen (Seattle) (D) on January 18, 2011
Modifies current law related to parentage. This act removes gender designations from parental references throughout current law related to parents to accommodate same-sex, state-registered domestic partners. This act expands current definitions related to conception to account for modern medical developments and legal rights associated with certain contractual agreements when the legal parents of a child may not be the biological parents of a child. This act clarifies judicial procedures for entering and modifying parenting plans, as well as for making the determinations of biological determination of paternity. This act also expands the legal rights of children born as a result of assisted reproduction upon reaching the age of eighteen.
Official Text and Analysis.
Referred to the House Judiciary Committee on January 18, 2011
Substitute offered in the House on January 27, 2011
To add language that allows a minor who signed an acknowledgment or denial of paternity to bring an action to rescind the acknowledgment or denial up until the date of the minor's nineteenth birthday. The substitute also provides that if a woman acting as a surrogate cannot obtain a longterm disability insurance policy, the surrogacy contract must require the intended parents to pay a certain amount to the woman for a physician-ordered, pregnancy-related disability for at least 12 months after the child's birth. Technical corrections are also made.
The substitute passed by voice vote in the House on January 27, 2011
Referred to the House General Government Appropriations & Oversight Committee on February 2, 2011
Substitute offered in the House on February 16, 2011
Amends the Uniform Parentage Act to: (1) reference state-registered domestic partnerships in specific provisions; (2) adopt some of the changes made by the National Conference of Commissioners on Uniform State Laws; (3) extend the time under which a person can challenge parentage or rescind an acknowledgment under certain circumstances; and (4) use gender-neutral terms. The second substitute bill also establishes standards for surrogacy contracts, including requirements that must be met by the intended parents and the woman acting as a surrogate.
The substitute passed by voice vote in the House on February 16, 2011
Referred to the House Rules Committee on February 17, 2011
Amendment offered in the House on February 28, 2011
To change the definition of "compensation" to provide that a surrogacy contract involving embryo transfer must include an agreement by the surrogate to limit the embryo transfer to no more than one embryo.
The amendment failed by voice vote in the House on February 28, 2011
Amendment offered by Rep. Mark Miloscia (Algona) (D) on February 28, 2011
To change the definition of "compensation." and provide that a woman acting as a surrogate has the right to make decisions with her health care provider regarding whether to undergo an elective Caesarian section and provides that the surrogacy contract may not contain a term or condition that mandates or financially encourages the surrogate to undergo an elective Caesarian section.
The amendment failed by voice vote in the House on February 28, 2011
Amendment offered by Rep. Mark Miloscia (Algona) (D) on February 28, 2011
To change the definition of "compensation" and require the surrogacy contract to include payment of compensation to the surrogate in an amount of at least $5000 per month from the time the surrogacy contract is entered into until one month after the birth of the child.
The amendment failed by voice vote in the House on February 28, 2011
Amendment offered by Rep. Mark Miloscia (Algona) (D) on February 28, 2011
To clarify that for the purposes of satisfying he requirements of an enforceable surrogacy contract under the bill, the contract must provide that the intended parent or parents to pay for all costs associated with the pregnancy.
The amendment failed by voice vote in the House on February 28, 2011
Amendment offered by Rep. Mark Miloscia (Algona) (D) on February 28, 2011
To clarify that for the purposes of satisfying the requirements of an enforceable surrogacy contract under the bill, the contract must require that the woman acting as a surrogate have prenatal check-ups with her physician at least once a month during the pregnancy.
The amendment failed by voice vote in the House on February 28, 2011
Amendment offered by Rep. Mark Miloscia (Algona) (D) on February 28, 2011
To clarify that for the purposes of satisfying the requirements of an enforceable surrogacy contract under the bill, the contract must provide restrictions on the consumption of alcohol, drugs, and tobacco by the woman acting as a surrogate during the pregnancy.
The amendment failed by voice vote in the House on February 28, 2011
Amendment offered by Rep. Mark Miloscia (Algona) (D) on February 28, 2011
To clarify that for the purposes of satisfying the requirements of an enforceable surrogacy contract under the bill, the contract must
prohibit the woman acting as a surrogate from terminating the pregnancy for any reason other than to save her life.
The amendment failed by voice vote in the House on February 28, 2011
Amendment offered by Rep. Mark Miloscia (Algona) (D) on February 28, 2011
To require the Department of Social and Health Services to review surrogacy contracts and make an annual report to the Legislature on: whether women acting as surrogates are mentally ill, disabled, or indigent; whether the contracts address the health, safety, and welfare of the women, and any other matters regarding the fairness of the contracts and the treatment of the women acting as surrogates.
The amendment failed by voice vote in the House on February 28, 2011
Amendment offered by Rep. Jay Rodne (North Bend) (R) on February 28, 2011
To change the definition of "compensation" and provide that the woman acting as a surrogate must be a U.S. citizen residing in Washington and has been a Washington resident for at least one year.
The amendment failed by voice vote in the House on February 28, 2011
Amendment offered by Rep. Jay Rodne (North Bend) (R) on February 28, 2011
To changes the definition of "compensation" and provide that the life insurance policy the woman acting as a surrogate must obtain must be for at least $1 million (rather than $250,000 or a lesser amount if she is unable to obtain that amount). Provides that the intended parent or parents may not be beneficiaries to the life insurance policy.
The amendment failed by voice vote in the House on February 28, 2011
Amendment offered by Rep. Mark Miloscia (Algona) (D) on February 28, 2011
To change the definition of "compensation" and provide that the long-term disability insurance for the woman acting as a surrogate must have minimum benefits of at least $20,000 per year for her lifetime (rather than weekly benefits equal to at least 150% of the state minimum wage multiplied by 40 hours per week). Removes the provision allowing the intended parent or parents to pay weekly benefits to the woman acting as a surrogate, in the event of a pregnancy related disability, if she is unable to obtain long-term disability insurance.
The amendment failed by voice vote in the House on February 28, 2011
Amendment offered by Rep. Mark Miloscia (Algona) (D) on February 28, 2011
To change the definition of "compensation" and make it mandatory, rather than discretionary, for the Department of Health (DOH) to adopt rules pertaining to the medical and mental health evaluations and informed consent requirements for surrogacy contracts. Removes the provision allowing parties to use the guidelines of certain medical associations until the DOH has adopted rules. Removes the provision allowing the DOH rules to adopt those associations' guidelines by reference.
The amendment failed by voice vote in the House on February 28, 2011
Amendment offered by Rep. Jamie Pedersen (Seattle) (D) on February 28, 2011
To provide that a woman acting as a surrogate must execute a health care advance directive and a durable power of attorney for heath care for the term of the surrogacy pregnancy. The amendment prohibits the woman acting as a surrogate to appoint an intended parent as the attorney in fact under the durable power of attorney.
The amendment passed by voice vote in the House on February 28, 2011
Amendment offered by Rep. Jamie Pedersen (Seattle) (D) on February 28, 2011
To restore current law prohibiting a person from entering into a surrogacy contract in which an unemancipated minor female or a female diagnosed as having an intellectual disability, mental illness, or developmental disability is the woman acting as a surrogate.
The amendment passed by voice vote in the House on February 28, 2011
Amendment offered by Rep. Jay Rodne (North Bend) (R) on February 28, 2011
To clarify that for the purposes of satisfying the requirements of an enforceable surrogacy contract under the bill, the woman acting as a surrogate cannot currently be receiving or be eligible to receive public assistance or benefits from any state or federal agency.
The amendment failed by voice vote in the House on February 28, 2011
To amend the Uniform Parentage Act to: (1) reference state-registered domestic partnerships in specific provisions; (2) adopt some of the changes made by the National Conference of Commissioners on Uniform State Laws; (3) extend the time under which a person can challenge parentage or rescind an acknowledgment under certain circumstances; and (4) use gender-neutral terms. Establishes standards for surrogacy contracts, including requirements that must be met by the intended parents and the woman acting as a surrogate.
Received in the Senate on March 2, 2011
Referred to the Senate Government Operations, Tribal Relations & Elections Committee on March 2, 2011
Referred to the Senate Rules Committee on March 23, 2011
Amendment offered by Sen. Sharon Nelson (Maury Island) (D) on April 12, 2011
To remove all provisions revising current laws relating to surrogacy contracting, among other things.
The amendment passed by voice vote in the Senate on April 12, 2011
Amendment offered by Sen. Don Benton (Vancouver) (R) on April 12, 2011
To remove sections that make changes to the Uniform Parentage Act by removing references to "father" or "mother.
The amendment failed by voice vote in the Senate on April 12, 2011
Amendment offered by Sen. Cheryl Pflug, (R-Maple Valley) (R) on April 12, 2011
To remove the two year hold out rule for not married non domestic partners. A married person who holds out a child as their own for the first two years of the life of the child is presumed the parent.
The amendment failed by voice vote in the Senate on April 12, 2011
Amendment offered by Sen. Cheryl Pflug, (R-Maple Valley) (R) on April 12, 2011
To remove provisions allowing a minor to rescind a denial of parentage, and when a parentage challenge comes after the child has turned two, the determination of parentage must take into account the best interests of the child.
The amendment passed by voice vote in the Senate on April 12, 2011
Amendment offered by Sen. Cheryl Pflug, (R-Maple Valley) (R) on April 12, 2011
To clarify that a person is the parent of a child when he or she consents to the assisted reproduction of his or her spouse or domestic partner, and not when they are in other relationships. This amendment removes the terms "person" or "couple" and inserts "spouse or domestic partner" or "couple in marriage or domestic partnership." This change is parallel to the current statute, which applies to married couples.
The amendment passed by voice vote in the Senate on April 12, 2011
Amendment offered by Sen. Dan Swecker, (R-Rochester) (R) on April 12, 2011
To remove provisions changing the timeline for denying, asserting, rescinding parentage from 2 years to 4 years. Removes provision allowing a minor to rescind parentage until they are 19 years
old.
The amendment passed by voice vote in the Senate on April 12, 2011
Amendment offered by Sen. Dan Swecker, (R-Rochester) (R) on April 12, 2011
To remove the provision regarding the presumption that a person is a parent of a child if he or she hold themselves out as the parent for the first two years of the child's life, regardless of genetic connection or marital/domestic partnership status.
The amendment passed by voice vote in the Senate on April 12, 2011
Received in the House on April 14, 2011
Failed by voice vote in the House on April 14, 2011
House refuses to concur with the Senate amendments and asks the Senate for a conference committee.
Received in the Senate on April 21, 2011
Received in the House on April 21, 2011
Signed by Gov. Christine Gregoire on May 10, 2011