Oregon

Surrogacy Law in Oregon

Oregon Surrogacy Law: Types of Surrogacy

In Oregon, gestational surrogacy is permitted because no statutes or case law prohibit it. Pre-birth orders (called “judgments”) are possible.

Traditional (genetic) surrogacy is permitted because no statute or published case law prohibits it. However, there are a few additional steps. If the surrogate is unmarried, the biological father will need to file a Joint Acknowledgment of Paternity to establish paternity. If the surrogate is married, paternity proceedings will be needed to declare the biological father as the legal father. In either case, the second parent will need to complete a second-parent adoption.

Are There Surrogate Requirements in Oregon?

No specific legal requirements exist to serve as a gestational surrogate in the state of Oregon.

Does Oregon Surrogacy Law Allow for Pre-Birth Orders?

Parentage Orders: Courts in Oregon do grant pre-birth orders.

The conditions under which intended parents could be declared legal parents with a pre-birth order if at least one parent is genetically related to the child are listed below:

Yes

Married heterosexual couples, using their own egg and own sperm
Unmarried heterosexual couples, using their own egg and own sperm
Married heterosexual couples, using a sperm or egg donor
Unmarried heterosexual couples, using an egg or sperm donor
Same sex couples, using an egg or sperm donor
Single parents using an egg or sperm donor*

*In most counties

No

For intended parents who are in no way related to the resulting child, the conditions under which intended parents could be declared legal parents with a pre-birth order are listed below:

Yes

Married heterosexual couples*
Married same sex couples*
Unmarried heterosexual couples*
Unmarried same sex couples*
Single parents*

°possibly, depends on the courts and the county

No

Whose names go on the birth certificate in Oregon?

Parents will be listed on the birth certificate as “parent 1” and “parent 2.”

An international same-sex male couple can most likely obtain a birth certificate listing the biological father and gestational surrogate as parents. A judge should be consulted to confirm the circumstances you’ll be operating under. From there, the biological father can sign an affidavit of paternity at the hospital so the gestational surrogate’s husband can be removed from the certificate. They should expect, too, to consult with a judge about having the birth certificate changed to reflect the two intended fathers.  This process can be expedited by the child being born in state, but the gestational surrogate must have lived in Oregon for at least six months at the time the Petition for Adoption has been filed.

Surrogacy Conditions for Same-Sex Couples in Oregon

Are There Options for Unmarried Intended Parents in the state of Oregon?

Egg Donation Law

Oregon statutes address parental rights in a comprehensive law that absolves the donor of any rights or obligations to any resulting child. The statute, going into effect January 1st, 2018,  applies only to married heterosexual couples or married women where one of the women gives birth. Unfortunately, it does not apply to single parents or two fathers, even if the fathers are married.

State law information verified by the following (ART) Assisted Reproductive Law attorney licensed in Oregon*

* This information is for general informational purposes only and is not, nor is it intended to be, legal advice. We strongly recommend retaining legal counsel, knowledgeable of reproductive law in the state.