What Is Egg Donation Law in Washington?

Egg donation opens the door to parenthood for many families, and Washington law treats it with the same clear logic it applies to other forms of assisted reproduction. The person who donates eggs is not the child's legal parent, and the intended parents who consent are. The Law Office of Chad Foster helps Snohomish County clients with adoption and assisted reproduction.

Egg donation raises the same central question as any donor arrangement: once a child is born, who does the law recognize as a parent? In Washington, the answer flows from the parentage statute, chapter 26.26A RCW, and its assisted reproduction provisions found at RCW 26.26A.600 through 26.26A.635. Understanding that framework helps donors, intended parents, and everyone in between plan with confidence.

Egg Donors Are Not Legal Parents

The heart of Washington egg donation law is short and firm. Under RCW 26.26A.605, a donor is not a parent of a child conceived by assisted reproduction. That rule applies to egg donors just as it does to sperm donors, because of how the statute defines its terms. For related guidance, see Can Unmarried Couples Use Assisted Reproduction.

Under RCW 26.26A.010, a "gamete" means sperm, egg, or any part of a sperm or egg, and a "donor" is an individual who provides gametes intended for use in assisted reproduction, whether or not for consideration. An egg donor provides gametes, so she falls within the donor definition. The same section defines assisted reproduction to include in-vitro fertilization and the transfer of embryos, which is exactly how donated eggs are used. Put those pieces together and the conclusion is direct: an egg donor is a donor under the statute, and RCW 26.26A.605 says she is not a parent. For related guidance, see How Do Surrogacy Agreements Work.

This matters because it removes the uncertainty that would otherwise hang over an egg donation. Without a clear rule, a genetic connection between the donor and the child might invite claims of parentage or exposure to parental obligations. Washington closes that gap by design. The genetic link created by donating an egg does not, on its own, make the donor a legal parent.

Who the Law Recognizes as the Parent

Because the donor is not the parent, the statute has to identify who is. That falls to the intended parent who consents. Under RCW 26.26A.610, an individual who consents under RCW 26.26A.615 to assisted reproduction by a woman, with the intent to be a parent of the child, is a parent of that child. Parentage attaches to intent and consent, not to the source of the egg.

In many egg donation arrangements, the woman who will carry and give birth to the child is herself an intended parent, using a donated egg to conceive. The ordinary assisted-reproduction rules address that situation. If a gestational carrier will give birth, however, the analysis changes. RCW 26.26A.600 expressly excludes assisted reproduction under a surrogacy agreement from RCW 26.26A.600 through 26.26A.635, and Washington's separate surrogacy provisions in RCW 26.26A.700 through 26.26A.785 must be considered. Intent and consent still matter, but they do not replace the statutory requirements for a surrogacy agreement.

RCW 26.26A.615 describes the consent itself. As a general matter, that consent must be in a record signed by the woman giving birth and the individual intending to be a parent. The statute allows a court to find consent even without the signed record in limited situations, such as proof by clear and convincing evidence of an express pre-conception agreement to co-parent, or a qualifying period of living together and holding the child out as one's own. Those are fallback provisions, and no one should plan around them when a straightforward signed consent is available.

The Role of Written Agreements

Statutes set the rules, but agreements make those rules concrete for the specific people involved. Egg donation typically proceeds through a fertility clinic and often an egg donor agency, and a written donor agreement is standard practice for good reason. The agreement documents that the donor is providing eggs as a donor, without the intent to be a parent, and that the intended parents accept parental responsibility.

That paperwork does more than restate the statute. It records the parties' intentions at the outset, addresses expectations around anonymity or future contact, and creates a clear evidentiary trail. If a question about parentage ever arose, the signed donor agreement and the consent contemplated by RCW 26.26A.615 would already line up the facts with the law. Handling an egg donation through a licensed clinic reinforces all of this, because the clinic confirms that conception occurred through assisted reproduction and maintains records of the process.

What This Means for Families in Snohomish County

For intended parents and donors in Snohomish County, Washington's approach to egg donation is reassuringly clear. The donor is not a parent, the intended parents who consent are the parents, and careful documentation keeps that outcome secure. The practical work is making sure the agreements and consents are drafted and signed correctly, before conception, so the statute's protections apply cleanly.

Egg donation is a generous act and a hopeful step toward parenthood, and getting the legal foundation right honors everyone involved. If you are considering egg donation as a donor or as an intended parent, the Law Office of Chad Foster can help you put clear, well-drafted agreements and consents in place. Reach out to discuss your family-building plans and make sure the law is working the way you intend.