Surrogate parenting—Custody of child. (Effective until January 1, 2019.)
If a child is born to a surrogate mother pursuant to a surrogate parentage contract, and there is a dispute between the parties concerning custody of the child, the party having physical custody of the child may retain physical custody of the child until the superior court orders otherwise. The superior court shall award legal custody of the child based upon the factors listed in RCW
26.09.187(3) and
26.09.191.