Surrogacy contracts in Oregon are the primary legal instrument defining your rights throughout your surrogacy journey. Because there is no statutory checklist to automatically validate your arrangement, your contract must be drafted with precision to ensure it is respected by courts and hospitals.
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If you are ready to build your family with a team that understands this specific legal landscape, contact us today to get started.
What to Include in a Surrogacy Contract
In Oregon, the surrogacy contract is the definitive document that proves the intent of the parties. Since the state does not have a statutory validation process, the clarity of this document is paramount. It must demonstrate that the surrogate intends to carry the child for the parents and has no intention of asserting parental rights.
A robust contract generally includes these core pillars:
Clear distinctions between base compensation and pregnancy-related reimbursements help prevent misunderstandings. This section outlines when payments begin, how they are issued and what expenses are covered. Contracts describe expectations around prenatal care, compliance with medical advice and how information is shared, while recognizing that the surrogate retains medical consent rights. The agreement explains how and when intended parents will be recognized under Washington law, often referencing post-birth or pre-birth legal steps when applicable. Clauses addressing travel, exercise and diet are designed to reduce pregnancy risk, not to control daily life. Expectations around labor, hospital procedures, recovery support and optional pumping arrangements are clearly defined. Sensitive medical scenarios are addressed upfront so no one is forced to make rushed decisions during pregnancy.
By clearly defining these elements, you understand surrogacy contract basics and create a solid foundation for your partnership.
Legal Clearance: The Final Step Before Transfer
In Oregon, legal clearance is typically a lawyer-driven process rather than a court procedure. Unlike states that require a judge to validate the contract before pregnancy, Oregon allows the parties' attorneys to certify that the contract is complete.
The process follows a specific timeline to ensure both parties are protected. The intended parents' attorney first drafts the agreement based on the terms matched and agreed upon. The surrogate then works with her own separate attorney to review the contract; this is critical to prove she was not coerced and fully understood the terms. Once signed, the attorneys issue a legal clearance letter to the fertility clinic. The clinic requires this letter before they will schedule the embryo transfer.
This efficient process makes surrogacy contracts in Oregon faster to execute than in states requiring pre-transfer court hearings.
Can Surrogacy Contracts Be Enforced in Oregon?
Yes. Even without a specific statute, surrogacy contracts in Oregon are routinely enforced. Oregon courts have a long history of upholding these agreements based on contract law principles and the clearly expressed intent of the parties.
The enforcement generally works in two ways. First, courts readily grant pre-birth orders declaring the intended parents as the legal parents. Second, the contract serves as a binding agreement for compensation. If a party fails to pay, standard contract law applies.
Because Oregon relies on case law rather than a single statute, it is critical to work with an agency and experienced counsel. A poorly drafted contract may lack the necessary language to be recognized by vital records offices.
What Happens if a Surrogacy Contract Is Breached?
Breaches are rare in professionally managed processes, but your contract must anticipate them.
If intended parents fail to fund the escrow account or make payments, the surrogate has legal standing to demand payment for services rendered. If a surrogate engages in prohibited high-risk behaviors, the contract typically allows for a reduction in payments or reimbursement of costs.
While financial remedies are enforceable, no court will force a surrogate to undergo a medical procedure (like a C-section or termination) against her will. The contract manages these risks through financial consequences, not physical compulsion.
Fair Surrogacy Compensation and Payment Structure
Compensation packages in Oregon are competitive and designed to ensure the surrogate feels valued and secure.
A standard payment structure includes:
- Base Compensation: The fee for the service of carrying the child, paid in monthly installments typically beginning after a heartbeat is confirmed.
- Monthly Allowance: A flat stipend to cover incidental costs like gas and vitamins.
- Event-Based Payments: Specific payments for medical milestones, such as the start of injectable medications or the embryo transfer.
- Escrow Security: To protect the surrogate, the entire estimated cost of the process is typically deposited into an independent escrow account before legal clearance is given.
You can see a full breakdown of surrogate pay here.
Medical Decisions and Control During Pregnancy
One of the most sensitive parts of the contract is defining who makes medical decisions. In Oregon, the surrogate retains bodily autonomy. She cannot be forced to have a procedure she refuses.
The contract aligns expectations regarding physician choice and adherence to medical advice. It also grants the parents the right to speak with doctors and view medical records to stay informed about their baby's growth.
Termination and Selective Reduction Clauses
Oregon is known for having few restrictions on reproductive healthcare. This legal environment makes it a preferred state for intended parents who want the option of termination or selective reduction included in their contract.
Your contract will outline the specific circumstances under which the intended parents would request these procedures. Because Oregon law does not restrict access to these medical services, the contract terms are legally feasible. If a surrogate objects to a termination she previously agreed to, the remedy is financial, not forced compliance.
Lifestyle Clauses: Travel, Diet, and Daily Life
Since the intended parents cannot be present for every moment of the pregnancy, surrogacy contracts in Oregon include lifestyle clauses to provide peace of mind.
Common provisions include travel restrictions to ensure the baby is born in Oregon, where parentage laws are strongest. Contracts also typically include agreements to avoid high-risk foods and strict prohibitions on smoking, alcohol, and recreational drugs.
Delivery Plans and Post-Birth Expectations
The birth plan in Oregon is facilitated by the state's efficient pre-birth order process. The contract outlines exactly what should happen at the hospital.
The pre-birth order directs the hospital to treat the intended parents as the legal parents immediately. It allows them to make medical decisions for the baby and have their names placed directly on the original birth certificate. The contract also specifies who will be in the delivery room and covers the surrogate's recovery needs, including lost wages.
You can read more about how pre-birth orders simplify the delivery experience.
Insurance Requirements for Surrogacy Journeys in Oregon
You need the right insurance policies to ensure everyone is financially protected during an Oregon surrogacy journey. While state law doesn't explicitly mandate specific surrogacy insurance, your contract must follow established legal best practices to be enforceable.
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Health Insurance: While some plans offer infertility coverage, you must verify if the surrogate’s specific plan is "surrogate-friendly." A professional review is required to check for "surrogacy exclusions." If exclusions exist, intended parents must purchase a new policy or "wrap" plan to cover prenatal care and delivery.
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Life Insurance: This policy is a standard requirement in Oregon agreements. It provides financial security for the surrogate’s family in the rare event of a tragedy. The contract specifies the benefit amount, and the surrogate chooses her own beneficiaries.
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Disability Insurance: If an Oregon physician orders bed rest or an extended recovery, this insurance covers the surrogate's lost wages. This protection allows her to focus on her health without worrying about household finances.
Agency vs. Independent Surrogacy: Legal and Emotional Considerations
Because Oregon does not have a strict statutory roadmap, doing an independent arrangement here can be risky. If you make a mistake in an independent contract, you do not have a specific surrogacy law to fall back on to fix it.
Agencies like American Surrogacy provide the safety net you need. We screen surrogates to ensure they are safe and stable. We manage the complex insurance reviews and ensure the legal clearance happens on time. Crucially, we handle the awkward conversations about money so you can focus on building a relationship with your surrogate.
Ensure Your Oregon Surrogacy Contract Covers Every Detail
Navigating surrogacy contracts in Oregon requires a partner who understands the nuances of this flexible but legally distinct state. At American Surrogacy, we guide you through every step to ensure your rights are protected.
Are you ready to start the process with confidence? Get more Oregon surrogacy info today and let us help you build your family.