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

[Andrekita Silva]

  Law Office of
F.ANDREKITA SILVA
_______________________________________________________  
                                                            
June  16, 2023
 
Mark,
 
I haven’t had that situation in the past, but I’ve represented a few  
parties involved in surrogate and/ or donor agreements. I haven’t  
compared the statutes but I don’t think that the Guardianship statute  
determines jurisdiction/ venue.
 
I believe the Uniform Parentage Act determines jurisdiction over the  
parentage issue.
 
Under the parentage act, if there was jurisdiction to enter into a  
surrogacy agreement in Washington, then Washington would have  
jurisdiction to determine parentage or hear issues regarding the  
surrogate parenting agreement up until 90 days after the birth of the  
child.
 
I assume there is no other parent involved? That the deceased mother  
who gave her genetic material to the surrogate was going to be a  
single parent? If there is another living parent, then that parent is  
the next natural custodian. The wishes of deceased regarding a  
guardian have little or no weight.
 
As I understand it, the deceased’s estate AGREES that deceased is  
parent and have no issue with deceased being named parent.  Has the  
Colorado couple agreed to adopt and raise this child or only to act as  
guardians until a permanent home can be found?
 
andrekita
Law Office of F. Andrekita Silva
1325 Fourth Avenue, Suite 940
Seattle, Washington 98101-2509
206-224-8288
www.seattle-silvalaw.com[1]
 
PLEASE NOTE:  I’ve moved to a different floor.  As of April 20, 2023,  
my Suite number is 940 (no longer 2000). My new address is:  1325  
Fourth Avenue, Suite 940   Seattle, Washington 98101-2509.  All other  
contact information remains the same.

Quoting Mark Reinhardt <MReinhardt at rehberglaw.com>:

> 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? 
>
>     
>
>     
>
>    / /
>
>     
>
>    ***WHEN RESPONDING TO THIS EMAIL, PLEASE /REPLY ALL/***
>
>     
>
>    Best regards,
>
>     
>
>    /Mark/
>
>     
>
>    MARK A. REINHARDT
>
>     
>
>    Attorney
>
>     
>
>    REHBERG LAW GROUP, PLLC
>
>     
>
>    Ryan Y Rehberg, Partner | Mark A. Reinhardt, Partner | James A.  
> Davies, Partner |
>
>     
>
>    J. Sabrina Go
>
>     
>
>     
>
>     
>
>     
>
>    Assistant: Tammy Bowen | tbowen at rehberglaw.com
>
>     
>
>    SeaTac - (mailing address) 18000 International Blvd, Suite 550,  
> SeaTac, WA 98188
>
>     
>
>    Bellevue - 40 Lake Bellevue Dr, Suite 100, Bellevue, WA 98005
>
>     
>
>    Phone - 206.246.8772 ext. 333 | Toll Free 877.246.8772 | Fax 206.454.7910
>
>     
>
>    Email - _mreinhardt at rehberglaw.com _
>
>     
>
>    Connect - _rehberglaw.com[2]_ | _Facebook[3]_ | _LinkedIn[4]_ |  
> _Join the Rehberg Law Group Newsletter[5]_
>
>     
>
>     
>
>     
>
>     
>
>    estate planning | LLC formation | asset protection | probate and  
> estate administration | trust administration
>
>     
>
>     
>
>     
>
>     
>
>    _Confidentiality Notice_:/  /Please note that attorney-client  
> communications are privileged and confidential./ /This email and any  
> attachments may be confidential or legally privileged. If you  
> received this message in error or are not the intended recipient,  
> you should destroy the email message and any attachments or copies  
> and you are prohibited from retaining, distributing, disclosing or  
> using any information contained herein. Please inform us of the  
> erroneous delivery by return email. Thank you for your cooperation. 
>
>     
>
>     
>
>     
>
>     



Links:
------
[1] http://www.seattle-silvalaw.com/
[2]  
file://rlg-server02/data/Employee%20Folders/andie/ALS/Email%20Signatures/rehberglaw.com
[3] https://www.facebook.com/RehbergLawGroupPLLC/
[4] https://www.linkedin.com/company/rehberg-law-group-pllc/
[5]  
http://visitor.r20.constantcontact.com/d.jsp?llr=ay8zc9bab&p=oi&m=1101460729600&sit=dzioz88bb&f=46130d29-cd26-4d90-89ea-1b62cacb4ca4

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20230616/16329767/attachment.html>