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STATE SURROGACY LAW:

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.

Gestational surrogacy

YES

Commercial surrogacy

YES

Traditional surrogacy

YES

Altruistic surrogacy

YES

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

Select your agency if applicable

Match with a gestational carrier

Complete medical and psychological evaluations

Select attorneys for the intended parents and gestational carrier and complete the gestational carrier agreement

Begin IVF cycle with surrogate

Pre-birth order

Oregon allows pre-birth (referred to as “judgments”) orders to be filed. Proceedings can begin after the first trimester but typically start after 20 weeks of pregnancy.

Delivery and birth certificate finalization

Birth Certificate Timeline

Birth certificate

Birth certificates can take up to several months to receive. However, the process can be expedited with a $30 rush fee and obtained within a week by mail; they can also be picked up from the Vital Records office.

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

Do courts issue pre-birth orders ("judgments”)

YES

Do courts issue post-birth orders?

YES

Are hearings required to obtain either pre- or post-birth orders?

NO

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

What are the bases of venue?

There are no venue requirements in Oregon

Do rulings vary by venue?

YES

Can you file a motion to waive venue?

UNNECESSARY

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

Does Oregon have any residency requirements for out-of-state or International Intended Parents?

NO

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

Can an international same-sex male couple receive an initial birth certificate naming the biological father and Gestational Carrier?

YES

Can an international same-sex male couple obtain an initial birth certificate naming only the biological father?

YES

Can they receive a subsequent birth certificate naming only the Intended Parent(s) with no mention of the Gestational Carrier?

YES

Passport Timeline

6-8 weeks after submitting birth certificate.

Passports can be expedited for a 2-3 week delivery with an extra fee. Intended Parent(s) can also visit a regional passport agency to receive one within 1-2 business days.

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

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