Surrogacy Laws & Process in Oregon
Understanding the Surrogacy Process in Oregon
Oregon surrogacy laws provide a clear legal structure for both intended parents and surrogates. The state permits both gestational surrogacy and traditional surrogacy, as there are no statutes or published case law prohibiting these arrangements.
Oregon’s laws are designed to protect all parties involved in surrogacy. This will create a safe and legally recognized process for intended parents, surrogates, and donors.
Legal parentage is established through clear guidelines, including the use of pre-birth parentage orders and other legal processes to make sure parental rights are secure.
Pre-Birth Parentage Orders in Oregon: Legal Recognition Before Birth
In Oregon, pre-birth parentage orders are granted to establish legal parentage before the child is born. This is vital for intended parents to secure their parental rights.
According to Oregon law, courts grant judgments (not pre-birth orders) to establish parentage, which are issued without the need for a personal appearance in court. These orders are crucial for recognizing the intended parents as the legal parents before birth.
Below are the family types eligible for pre-birth parentage orders in Oregon:
Married Same-Sex Couples
Both parents can be named in the pre-birth parentage order if at least one parent is genetically related to the child.
Unmarried heterosexual couples
If the intended mother is genetically related to the child, the father is automatically considered a legal parent. However, a pre-birth order can be requested for the non-biological father to establish his legal parental rights.
Single Intended Parents
A single parent, either male or female, can receive a pre-birth order if they are genetically related to the child or if they use a donor’s gametes.
Couples Using Donor Gametes
Oregon law allows pre-birth orders for couples who are using donor sperm or eggs, even if neither intended parent is genetically related to the child. The court will recognize the legal parents based on their relationship with the child, regardless of genetic connection.
Same-Sex Male Couples
Same-sex male couples can secure a pre-birth order if one of the fathers is genetically related to the child. The non-biological father can be named as a legal parent through the legal process, but only if one of the fathers is genetically connected to the child.
International Intended Parents
International intended parents can apply for a pre-birth order in Oregon if they meet the legal requirements, including a genetic connection or clear legal parentage. The order, however, will not take effect until the child is born in Oregon.
In Oregon, there is no hearing required for obtaining a pre-birth order. Documents are filed electronically. This will simplify the process and avoid the need for in-person appearances by any party or attorney.
Legal Details on Venue, Birth Certificates, and Same-Sex Parentage in Oregon
In Oregon, there is no specific venue requirement for parentage orders, as parties can consent to the venue or waive objections.
For adoption, the venue is determined by the county with the child’s most significant connection. Oregon Vital Records will honor a pre-birth parentage order from another state if a certified copy is provided after the child’s birth in Oregon.
For expedited processing, the birth certificate can be issued in 3 business days with an additional fee. Same-sex married couples are listed as “Parent 1” and “Parent 2” on the birth certificate.
Same-sex male couples can later amend the certificate to name both fathers. Second-parent adoption is possible if the gestational carrier resided in Oregon for at least six months.
Explore the Carrying Dreams Surrogacy Heatmap
If you are curious about how surrogacy laws compare across different states, take a moment to view the Carrying Dreams Surrogacy Heatmap. It offers a visual comparison of surrogacy laws in the U.S. and helps you understand how Oregon stacks up.
If you have any inquiries about the Oregon surrogacy laws & process, feel free to contact us today.
