[WSBAPT] Subject Matter Jurisdiction over Child Born by Surrogate Mother in Another State

[Mark Reinhardt]

Colleagues,

A case of first impression:

Deceased entered into a surrogate agreement and, prior to her death, her genetic material was implanted successfully into a surrogate residing in Illinois.  The child's due date is late July or early August and some paperwork will need to be provided in order for the intended guardians to take custody of the child.

Deceased's Will named guardians:  (1) her parents, who reside in Washington, but who intend to decline to serve, and (2) a couple in Colorado, who have agreed to act as guardians.  A Washington probate was commenced on her death, but since the child was unborn and jurisdiction is unclear - the child has not been "domiciled or present in this state" as stated by RCW 11.130.020 - the guardianship issue was not brought before the court.

Recently, counsel in Illinois obtained a court order providing that Deceased will be named as parent on the birth certificate.  (Decedent being named as parent is the only connection to Washington State).

Has anyone dealt with a situation like this before?

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Best regards,
Mark
Mark A. Reinhardt
Attorney
Rehberg Law Group, PLLC
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