Center for Surrogate Parenting, LLC.

Oregon Surrogacy Law Overview

The Center for Surrogate Parenting walks you through Oregon surrogacy law


Surrogacy is a beautiful family-building method. However, it can be complex, especially when it comes to the laws surrounding it. Thankfully, our experienced surrogacy agency is well-versed in the surrogacy laws of each state, including Oregon surrogacy law. In fact, the Center for Surrogate Parenting (CSP) has completed nearly two dozen finalizations of parental rights in this state.

As the oldest surrogacy agency in the world, we have helped U.S. and international parents to welcome healthy babies with help from U.S. surrogates. We are proud to say that we have never experienced issues with intended parents being able to bring their babies home.

To help you learn more about Oregon surrogacy law and how to create a surrogacy contract, we’ve included some basic information below. You can also contact us for more information.

    • Is gestational surrogacy allowed?

      Yes.

    • Is a surrogacy contract valid and enforceable?

      Yes, surrogacy is a common and accepted practice in Oregon, despite the lack of surrogacy laws.

    • Does Oregon have surrogacy laws and/or case law?

      Oregon has only enacted statutes that set forth the rights and obligations of a donor and of any child resulting from assisted reproduction. These laws apply only when a married heterosexual couple or a married same-sex female couple conceives a child by use of a donor and assisted reproduction. If you are a male same-sex couple or a single parent, you should work with a surrogacy lawyer to help protect your rights.

    • Is commercial surrogacy legal?

      Yes. The intended parents can compensate the surrogate for her time and expenses.

    • Is traditional surrogacy allowed?

      Yes, traditional surrogacy is permitted in Oregon. 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.

    • What is the process to obtain parental rights using traditional surrogacy?

      If the surrogate is UNMARRIED, the biological father can establish parental rights by filing a Joint Acknowledgement of Paternity with the surrogate. Then, the other spouse/second legal parent must go through a second parent adoption to obtain legal parental rights.

      If the surrogate is MARRIED, the biological father may need to file a paternity proceeding to establish his parental rights as the legal father. The other spouse/second legal parent must go through a second parent adoption to obtain legal parental rights. Alternatively, intended parents can choose to forgo a pre-birth order (for the biological father) and opt for a post-birth adoption for both intended parents.

    • What are the requirements of an enforceable surrogacy contract?

      There are no statutes or legal precedent in Oregon on this topic. As a result, what’s needed for an enforceable surrogacy contract varies. However, the gestational surrogate must generally meet certain requirements. The intended parents and the gestational surrogate (and her spouse, if applicable) should also have independent legal counsel.

    • Are pre-birth and post-birth orders permitted?

      Yes. However, it is generally left to the judge’s discretion. Pre-birth orders will typically be granted when at least one intended parent is genetically related to the child. If neither of the intended parents are genetically related to the child, then a post-birth adoption may be necessary.

    • Can both intended parents be declared the legal parents?

      Yes, if at least one intended parent is genetically related to the child, regardless of the parent’s marital status or sexual orientation. However, if neither intended parent is genetically related to the child, then it varies by court. It is likely that both intended parents may be named the legal parents in a pre-birth order.

    • What do intended parents need to know about getting the baby’s birth certificate?

      The timeframe is unknown, but likely 10 days after the birth. You can get it expedited (3 business days) for a fee. The parents will be listed as Parent 1 and Parent 2.

      International same-sex male couples can obtain an initial birth certificate that names the biological father only. They might be able to obtain an initial birth certificate that names the biological father and gestational carrier, under certain circumstances. The parents can later obtain a birth certificate that names the biological father and/or both fathers only, with no mention of the gestational carrier.

    • When is filing for a post-birth adoption necessary?

      If the intended parents are unable to obtain a pre- or post-birth parentage order, they must file for and complete a post-birth adoption to secure their parental rights.

    • Are second parent adoptions and stepparent adoptions permitted?

      Yes, but they must meet the following requirements. To adopt in Oregon, either the adoptive parent, the surrogate or the child being adopted must have resided in the state for at least six months prior to filing.

      If neither of the intended parents reside in Oregon, the non-biological parent in a same-sex couple may obtain a second parent adoption in Oregon if the gestational carrier has resided in the state for at least 6 months prior to filing.

    • Will vital records honor a second parent adoption from another state and add the second parent to the birth certificate?

      Yes.

VorzimerMasserman Disclaimer: This is a summary for informational use only and should not be relied upon for legal advice. Please note that the state laws regarding surrogacy frequently change and vary from county to county. The attorneys of VorzimerMasserman are only licensed in California. VorzimerMasserman shall not be responsible for any liability associated with this list.