Surrogacy Laws in Oregon

Surrogacy is an incredible journey that brings joy to intended parents and gives surrogates the unique opportunity to help others build their families. If you're considering surrogacy in Oregon, understanding the legal landscape is crucial. While there aren't explicit surrogacy laws in Oregon, certain legal practices and principles govern this family-building process, helping many intended parents and surrogates successfully reach their goals.

Is Surrogacy Legal in Oregon?

In Oregon, both gestational and traditional surrogacy are legal. The state has no statute or published case law prohibiting these forms of surrogacy, making it a viable option for many people. Despite the absence of explicit surrogacy laws, Oregon's courts are typically favorable towards surrogacy, making it possible for residents to explore this path to parenthood.

The Role of Surrogacy Agreements in Oregon

Surrogacy agreements play a pivotal role in ensuring the interests of all parties involved are protected. A comprehensive contract should cover all potential aspects of a surrogacy journey, including the rights and responsibilities of each party, surrogate compensation, and plans for any potential risks or disputes that may arise.

The negotiation and drafting of the surrogacy contract must involve two separate attorneys to represent the intended parents and the surrogate. This separation ensures an unbiased and fair agreement. Once the contract is finalized and signed, the medical process of surrogacy can commence.

Surrogate Compensation in Oregon

In Oregon, compensated surrogacy is legal, and there are no laws regulating surrogate compensation. Surrogates in Oregon receive compensation for their time, the medical risks they accept, and the various expenses they incur during their surrogacy journey. These expenses can include costs related to medical procedures, travel, lost wages, child care, insurance, legal counsel, and psychological counseling. The specifics of compensation are established when drafting the surrogacy contract.

Determining Legal Parentage in Oregon

Determining legal parentage in a surrogacy arrangement involves obtaining parentage orders. In most cases, Oregon judges grant pre-birth orders to married and unmarried couples where one partner shares a genetic relationship with the child. Single parents who have used their own egg or sperm in the embryo creation process can also receive pre-birth orders.

In situations where neither intended parent has a genetic relationship to the child, a pre-birth order may still be granted, but this varies by county. If obtaining a pre-birth order isn't possible, a post-birth adoption may be necessary.

Surrogacy Laws for Same-Sex Couples in Oregon

Oregon treats same-sex couples and LGBT+ intended parents the same way it treats opposite-sex couples in surrogacy cases. While they might require an egg or sperm donor to complete the IVF procedure, the legal process remains generally the same. Any potential differences in the process, such as the need for a post-birth adoption, are determined on a case-by-case basis.

Second-Parent and Stepparent Adoptions in Oregon

In Oregon, second-parent adoptions are available. These adoptions allow a second parent to adopt a child without the "first parent" losing any parental rights. This option is important for unmarried couples or couples where only one partner has a genetic link to the child.

However, Oregon requires that both unmarried and married intended parents live in the state for at least six months before filing a second-parent or stepparent adoption petition.

Surrogacy Using Donor Egg, Sperm, or Embryo

In most cases, intended parents who use a donor egg, sperm, or embryo in Oregon do not need to complete any additional legal steps, provided they can obtain a parentage order. If not, an adoption may be necessary. As per ORS 109 .239, effective January 1, 2018, donors are absolved of any rights or obligations to any child resulting from their donated egg, sperm, or embryo. However, this 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. In such cases, additional legal steps may be required to establish parental rights.

Surrogacy Laws for International Intended Parents in Oregon

International intended parents are subject to the same surrogacy laws as domestic intended parents in Oregon. However, it's crucial for intended parents from other countries to consult an immigration lawyer to ensure they follow the proper legal steps for taking their child home. International surrogacy can involve complex immigration and citizenship processes that must be addressed to avoid complications.

Surrogacy Agencies and Clinics in Oregon

Oregon is home to several reputable surrogacy agencies and fertility clinics that can guide intended parents and surrogates through the process. Oregon Surrogacy Center can provide invaluable support and resources, including matching intended parents with suitable surrogates, coordinating medical appointments, and offering legal guidance.

Surrogacy agencies typically have strict screening processes to ensure the health and well-being of both surrogates and intended parents. These screenings often include medical evaluations, psychological assessments, and criminal background checks.

Conclusion

Surrogacy in Oregon is a legally viable and accessible option for many intended parents and surrogates. While the state doesn't have specific surrogacy laws, the legal landscape is generally favorable, and many surrogacy arrangements can be successfully completed with the help of experienced professionals.

However, it's important to remember that every surrogacy journey is unique, and the specific legal steps involved will vary based on each individual's circumstances. Working with a knowledgeable surrogacy attorney is crucial to ensure that your rights and interests are protected throughout the process.

As you embark on your surrogacy journey in Oregon, take the time to research and understand the legal aspects involved, and partner with experienced professionals to ensure a smooth and successful experience. Surrogacy can be an incredibly rewarding process for all parties involved, and with the right legal guidance, you'll be well on your way to achieving your family-building goals.