Oregon Surrogacy Laws
Overview
Oregon does not have any statutes that directly address surrogacy. However, surrogacy agencies consider Oregon to be a surrogacy-friendly jurisdiction because the state readily grants pre-birth parentage orders.
Types of Surrogacy Available in Oregon
Can a parentage order be obtained for the following?
Although traditional surrogacy isn’t prohibited in Oregon, many attorneys and agencies advise against it due to the increased legal risks involved.
Parentage
Who can be declared as the parent(s) of a child from a surrogate via a court parentage order?
– Both Intended Parent(s) can be named on the parentage order
– Only a genetic Intended Parent can be named on the parentage order. A non-genetic Intended Parent will need to establish parentage via a second or stepparent adoption following birth.
Although most courts will grant a pre-birth order for all Intended Parent(s), it is possible court rulings may vary by venue in regards to genetic connections between Intended Parent(s) and their child.
How are Intended Parent(s) Listed on the Birth Certificate?
Intended Parent(s) may be listed as Father-Mother or Parent-Parent
Rights of Egg or Sperm Donor(s)
According to ORS 109.239, donors of sperm or egg for assisted reproduction procedures have no parental rights over the donated gametes or a resulting child. However, the statute applies only to married heterosexual couples or married same-sex female couples. It does not apply to single Intended Parents or married same-sex male couples.
Surrogacy Steps in Oregon
Surrogacy Process in Oregon
Birth Certificate Timeline
Legal and medical steps involved in the surrogacy process may differ from case to case. Please speak with your agency and attorneys about how the process might look for you.
Court Processes
Surrogacy Contracts
Although there’s no statute or case law addressing them, surrogacy contracts in Oregon recognized and enforced by the state.
Independent Counsel
Independent counsel is strongly recommended, but not statutorily required, for all parties involved in a surrogacy agreement.
Requirements for Surrogates and Intended Parent(s)
Oregon has no statutory requirements that must be met for surrogates and Intended Parent(s) to participate in a surrogacy agreement. However, agencies and fertility clinics have their own requirements based on the American Society for Reproductive Medicine, the American Medical Association, and the American Academy of Adoption and Assisted Reproduction Attorneys.
Birth Orders
All documents are filed electronically, which streamlines the court process for all parties and removes the need for court appearances in most cases.
Bases of Venue
International Issues
Because of the lack of legal restrictions and surrogacy-friendly courts, International Intended Parent(s) may find doing surrogacy in Oregon an efficient process. International Intended Parent(s) will have additional legal steps to complete before their return home regarding their country’s immigration and citizen laws that impact the child. It’s imperative the international Intended Parent(s) speak with an experienced attorney in their home country about their situation. The law of more than one country will need to be considered if the Intended Parent(s) are citizens or residents of more than one country.
Residency Requirements
If completing a post-surrogacy adoption process, Intended Parent(s) must have resided in Oregon for at least six months prior to commencing adoption proceedings.
Birth Certificates
Passport Timeline
Passports are regulated at the federal level in the United States. To learn more about the process of receiving a US passport, visit Travel.State.gov.
Consulting Attorneys
Marlene Findling
The Tillamook Building, Suite 250
2105 NE César Chávez Blvd.
Portland, Oregon 97212
(503) 288-3133
marlene@findlinglawoffice.com
findlinglawoffice.com
Legal Disclaimer
The content contained in this website is provided for informational purposes only. Content contained herein may or may not reflect the most current legal information on the subject; accordingly, this website is not promised to be correct or complete at any given time. Outcomes referenced should not be interpreted as an indication of future outcomes. Love & Kindness Surrogacy explicitly disclaims all liability for actions taken or not taken based on the contents of this website.
This website does not constitute a replacement for legal advice or counsel. Always consult an attorney before beginning the surrogacy process.
Last updated October 2019
