What You Need to Know About Surrogacy in Oregon

What You Need to Know About Surrogacy in Oregon

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Oregon Surrogacy Laws and Information

If you’re considering surrogacy in Oregon, you may be asking, “What are the surrogacy laws in Oregon, and how will they affect my ability to be an intended parent or surrogate in this state?”

You may be surprised to find out that there are no surrogacy laws in Oregon regulating this family-building process. However, that doesn’t mean surrogacy is not possible in this state. On the contrary, Oregon surrogacy professionals help many intended parents and surrogates in this state successfully reach their surrogacy goals in a safe manner.

We always encourage those considering surrogacy in Oregon to contact a local surrogacy attorney for the best legal guidance on surrogacy laws in Oregon. No advice can substitute for that of a professional Oregon surrogacy lawyer.

In the meantime, learn more about surrogacy in Oregon below to start your research.

Q: Is surrogacy legal in Oregon?

A: Oregon surrogacy courts are usually favorable toward this family-building process, making it a legal possibility for intended parents and surrogates who live in Oregon to pursue this path. There are no surrogacy laws in Oregon but, like they have in many states with no surrogacy laws, surrogacy professionals in Oregon have set precedents for a safe and efficient legal and practical process.

Q: Is compensated surrogacy legal in Oregon?

A: Yes. There are no surrogacy laws regulating surrogate compensation in Oregon.

Q: Is traditional surrogacy legal in Oregon?

A: Yes, as there are no surrogacy laws in Oregon prohibiting the practice of traditional surrogacy. However, only the genetically related intended parent can receive a pre-birth order in this kind of surrogacy, which means a post-birth adoption will be necessary in a traditional surrogacy in Oregon.

Q: What does a surrogacy agreement in Oregon cover, and how does the legal process work?

A: A surrogacy agreement in Oregon should cover all of the potential aspects of a surrogacy, including the rights and responsibilities of each party and any potential risks and liabilities that can occur. Surrogacy attorneys include all of these aspects to protect intended parents and surrogates should something unexpected happen and to eliminate the chances of any disputes arising later in the process.

An Oregon surrogacy contract must be negotiated by two attorneys (separately representing intended parents and their surrogate) and should include the aspects listed above, as well as:

  • Surrogate compensation and other financial information
  • How the intended parents will establish their parental rights
  • Contact expectations for both parties
  • Delivery plans for the surrogate’s hospital stay
  • Agreements on sensitive issues like selective reduction and termination
  • And more

Only after a surrogacy contract is finalized will Oregon surrogacy and medical professionals allow both parties to move forward with the medical process of surrogacy.

Q: Are surrogacy contracts (whether compensated or altruistic) enforceable in Oregon?

A: This is unclear, as there are no surrogacy laws in Oregon that expressly permit the surrogacy process. Please speak with a local surrogacy attorney for more legal guidance on this matter.

Q: What are the surrogacy laws in Oregon on parentage orders?

A: Most judges will issue pre-birth orders for married and unmarried couples where one partner has a genetic relationship to the child, and for single parents who have used their own egg or sperm in the embryo creation process. There is no legal precedent for whether judges will grant parentage orders if there is no genetic relationship between intended parents and the child, although it’s likely that courts will allow pre-birth orders in these situations.

In Oregon, surrogacy parentage orders are granted as “judgments.” Like in many states, the availability of pre-birth orders in an Oregon surrogacy will depend upon the court overseeing the surrogacy case.

Q: Are there any particular laws for parents outside the U.S. who complete a surrogacy in Oregon?

A: No. International intended parents will be subject to the same legal process as domestic intended parents, as there are no surrogacy laws in Oregon stating otherwise.

Q: When do intended parents need to complete an adoption after birth? 

A: Intended parents will need to complete a post-birth adoption in an Oregon surrogacy only if they cannot obtain a pre-birth or post-birth parentage order. The majority of Oregon surrogacy situations will allow for a parentage order, but a surrogacy attorney can best explain whether an adoption may be needed in your particular surrogacy journey. If one is needed, this professional can also guide you through the legal process to establish your parental rights.

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.

Oregon laws do provide for protections for these intended parents with a law applying to sperm, egg and embryo donations. It absolves the donor of any rights or obligations to a resulting child, although the law does not apply to single parents or two fathers.

If you are using a donor gamete in your Oregon surrogacy, please speak with an experienced surrogacy attorney to learn more about the legal steps that may be required.

Q: Are there any additional laws impacting same-sex surrogacy in Oregon?

A: No. LGBT intended parents should be treated the same under Oregon surrogacy laws as any heteronormative intended parents would be.

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If you are considering surrogacy in Oregon, please contact the surrogacy specialists at American Surrogacy today. They can answer whatever questions you may have about the surrogacy process, as well as provide referrals to trusted Oregon surrogacy attorneys to represent you through this legal process.

To learn more about American Surrogacy’s agency program, including the case management and support services we offer, call 1-800-875-2229(BABY).

This article is not intended to be and should not be taken as legal advice. American Surrogacy makes no guarantee the information in this article is accurate and up-to-date, as surrogacy laws in Oregon are always subject to change. Please contact a local Oregon surrogacy attorney for legal advice on the current state of surrogacy in Oregon.