Disagreement About Legality of Washington Surrogates

I talked to the spud people, who tried to say there was something "morally" wrong about using someone from a different state (grow local!!!).

That is one absurd idea.

Then, I talked to a lawyer who is completely out of the area who tried to say it was illegal for a surrogate to be from WA but he's mistaken. I clarified for him what the distinction was and he sort of softened and said, "I appreciate your legal analysis but I disagree."

But I'm right. At least he sounded like he respected my logic and my mind. He said there are currently 3 states which criminalize compensating surrogates. I said, "Yes, one of them is New York right?" he paused and then said "Yes, and Michigan."

So I explained to him I'd done some research, and there are surrogates who live in NY and they set everything up in another state where it's legal and then have the baby there, and as long as no part of the agreement is done in NY, they're not doing anything illegal. It's not illegal to be "pregnant in the state with another couple's child". It is not illegal to be a surrogate in the state of Washington. What is illegal, is to be compensated in the state of Washington, or for any agency or lawyer to encourage this in the state of Washington.

It is not illegal for a "citizen of Washington to be compensated in another state" either. It isn't about the citizen or resident, it is about WHERE the contract and negotiations are set up. The distinction is between WHO vs WHERE. The issue is location. If two parties from other surrogacy friendly states, the Intended Parents and the Surrogate...If they are both citizens of pro-compensation states, if they make the contract and negotiations in Washington state, THAT is what is illegal. The law follows the state, not the citizen. Which is why you have Intended Parents and surrogates who are willing to travel, because the law does not follow THEM, it just follows what is taking place in the actual state itself.

The only part that is illegal in these 3 states, is to set up a contract and make payments, within the state of Washington. If all aspects are done out of the state, there is no issue. You can actually even have the IVF procedure still done in the state of Washington, but the contract, negotiations, payment, and birth, need to be done in another state.

Does this make sense? That's the loophole folks.

I have looked up a lot of women who have done this and they're all online, and one has a blog about all these issues.

(I'm not giving legal advice by the way, just my own personal reading and opinion!)