GESTATIONAL SURROGACY LAW OREGON
Gestational Surrogacy is permitted in Oregon because no statute or published case law prohibits it. The only statutes regarding surrogacy in Oregon, ORS 109.239-109.247, outline who is (and is not) legally responsible for a child resulting from assisted reproduction. These statutes state that donors are not responsible for any children born from embryos created using their egg or sperm.
Although the following guide can give you a better understanding of the general rules and regulations of surrogacy in Oregon, it is not meant to be used as legal advice. It is important to consult with an experienced attorney to guide you through your unique journey.
Below is a list of some of the most frequently asked questions about surrogacy in Oregon.
Is Gestational Surrogacy Legal in Oregon?
Yes. Gestational surrogacy is permitted because no statute or published case law prohibits it.
Is Traditional Surrogacy Legal in Oregon?
Yes. Traditional surrogacy is permitted in Oregon because no statute or case law prohibits it. However, the intended parent who is not biologically related to the child will be unable to obtain a pre-birth order, requiring a post-birth adoption to establish parental rights.
Is Compensated Surrogacy Legal in Oregon?
Yes. Compensated surrogacy is legal in Oregon because there are no laws prohibiting it; this is something that is established when the surrogacy contract between surrogates and intended parents is drafted. In addition to their base pay, surrogates are compensated for their time, the medical risks they accept, and the list of expenses below:
- Mock cycle compensation
- Embryo transfer compensation
- Starting medication compensation
- Monthly allowance for miscellaneous expenses
- Monthly Housekeeping budget
- Maternity clothing budget
- Medical expenses
- Travel to and from clinic/hospital
- Lost wages if applicable
- Child care if bed rest is required
- Term life insurance
- Medical insurance
- Independent legal counsel
- Psychological counseling
- Other depending on agency
Creating an Oregon Surrogacy Contract
Surrogacy contracts in Oregon must be created by surrogate attorneys; intended parents and surrogates must work with separate surrogacy attorneys throughout the execution of the contract to ensure both parties’ interests and rights are protected.
These attorneys will negotiate an agreement that addresses the following:
- The rights and responsibilities of each party
- Any potential risks and liabilities and the steps to take should they occur
- Surrogate compensation and other financial information, like surrogacy insurance
- Agreements on sensitive issues like selective reduction and termination
- Delivery plans for the surrogate’s hospital stay
- Contact expectations for both parties
- And more
Once the contract has been finalized and signed by both parties, the medical process of surrogacy can begin.
Determining Legal Parentage in Oregon
Pre-birth parentage orders are usually granted when at least one of the intended parents shares a genetic connection with the child (a pre-birth order may still be granted when neither intended parent is genetically related to the child, but results vary by county). If intended parents who have no genetic connection to the child born through surrogacy are not able to obtain a pre-birth order, then a post-birth adoption may be necessary.
Same-Sex Surrogacy in Oregon
Q: Is Same-Sex Surrogacy Legal in Oregon?
A: Yes. Same-sex couples and LGBT+ intended parents have the same legal rights and will experience generally the same surrogacy process as opposite-sex couples, with the exception of likely requiring an egg or sperm donor to complete the IVF procedure.
Any potential differences in the legal process, like a post-birth adoption when only one intended parent is genetically related to the child, are on a case-by-case basis.
Q: Are There any Additional Laws Impacting Same-Sex Parenting in Oregon?
A: No. There are no additional laws impacting same-sex parents in this state.
FAQ’s
Q: Are Surrogacy Contracts (Whether Compensated or Altruistic) Enforceable in Oregon?
A: This is unclear because there are no statutes or legal precedent in Oregon on this topic. As a result, what’s needed for an enforceable surrogacy contract varies. It is important to work with an experienced surrogate attorney to guide you through this process.
Q: Are There Any Particular Laws for Parents Outside the U.S. Who Complete a Surrogacy in Oregon?
A: No. International intended parents are subject to the same surrogacy laws as domestic intended parents. It is important, however, that Intended parents from another country speak with an immigration lawyer to ensure they follow the proper legal steps for taking their child home.
Q: When do Intended Parents Need to Complete an Adoption After Birth?
A: The majority of Oregon surrogacy cases will allow for a parentage order; however, if intended parents who have no genetic connection to the child born through surrogacy are not able to obtain a pre-birth order, then a post-birth adoption may be necessary.
Q: Does Oregon Allow Second-Parent Adoptions? Who Would Need to Complete a Second-Parent Adoption vs. a Stepparent Adoption (If Applicable)?
A: Yes. Second-parent adoptions are available in Oregon. However, unmarried and married intended parents must have lived in Oregon for at least six months before they can file a second-parent or stepparent adoption petition.
Q: What Happens in Cases Where Intended Parents Use a Donor Egg, Sperm or Embryo?
A: In most Oregon surrogacy cases, intended parents who use a donor egg, sperm, or embryo will not need to complete any additional legal steps, as long as they can obtain a parentage order. If they can’t, an adoption may be necessary.
Effective January 1, 2018, ORS 109.239 applies to sperm, egg, and embryo donation and absolves the donor of any rights or obligations to any resulting child. By its terms, the statute applies only to married heterosexual couples or married women where one of the women gives birth; it does not apply to single parents or two fathers, even if the fathers are married.
REPRODUCTIVE LAW PRACTITIONERS
Eric Robinson
Oswego, OR
erin@attorneyerinrobinson.com
(503) 451-3321
Robin Pope
Portland, OR
robin@robinpope.com
(503) 352-3524
Beth Wolfsong
Portland, OR
beth@wolfsonglaw.com
(503) 616-8880
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