Gestational Surrogacy Regulations in Oregon

Overview

Gestational Surrogacy is generally permitted in Oregon. There are no statutes or published case law that specifically permits or prohibits surrogacy. Surrogacy is an accepted way to build one’s family in Oregon.

Intended Parents

Age requirement:
18 years of age or older
Marriage requirement:
No
Married heterosexual couple:
Yes
Married same-sex couple:
Yes
Unmarried heterosexual couple:
Yes
Unmarried same-sex couple:
Yes
Resident status:
No*
Independent legal counsel:
Yes

Gestational Surrogates

Age requirement:
18 years of age or older
Marriage requirement:
No
If married/partnered:
husband’s/partner’s sperm cannot be used
Surrogate status:
Gestational Surrogacy only
Resident status:
No*
Use of own embryos:
No
Independent legal counsel:
Yes
*as long as the IP(s) or GC are residents of Oregon for at least six (6) months, there is basis for venue in Oregon. There is also basis for venue if the child is born in Oregon

Embryos

Intended Parents own sperm:
Yes
Intended Parents own eggs:
Yes
Intended Parents using sperm donor:
Yes
Intended Parents using egg donor:
Yes
Intended Parents using both egg and sperm donor:
Yes*

Birth of Child

Birth in Oregon:
Yes
Birth outside of Oregon:
Yes* (so long as the Intended Parents have been residents of Oregon for six (6) months)

Pre-Birth 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.

Parentage

Pre-Birth Orders:
Yes
Hearing to obtain Order:
No
Post-Birth Orders:
Yes

General Information

Will Oregon Vital Records honor a Pre-Birth Order from another state:
Yes
What is the typical time frame to obtain a birth certificate after delivery:
2 weeks
How are same-sex parents named on the final birth certificate:
Parent and Parent
Can an international same-sex male couple obtain an initial birth certificate naming the biological father and Gestational Carrier:
Yes
Can an international same-sex male couple subsequently obtain a birth certificate naming only the biological father or both fathers with no mention of the Gestational Carrier:
Yes

Second Parent and Stepparent Adoptions for Oregon Residents:

This situation typically arises if the child is born outside of Oregon. The parents then return to Oregon to obtain a second parent adoption or stepparent adoption in Oregon. If neither Intended Parent is genetically related to the child, an action for a second parent or stepparent adoption may be filed to secure their parental rights so long as the adopting parent, the surrogate, or the child has resided in the state for at least 6 months. Please consult with your attorney on this matter if this issue is to arise.

Traditional Surrogacy in Oregon?

Traditional Surrogacy is generally permitted because no statute or published case law prohibits it. Please consult with a local attorney to determine if you can move forward with traditional surrogacy.
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Disclaimer - The information provided on these pages does not, and is not intended to, constitute legal advice; all content is for general informational purposes only and may not constitute the most up-to-date legal information, either. Please consult with an ART Lawyer for legal advice specific to your case.