Oregon's current Uniform Parentage Act provides a detailed, inclusive framework for gestational surrogacy. It allows one or more intended parents, married or unmarried and genetically related or not, permits compensation, and makes intended-parent status effective by operation of law at birth when the agreement complies.
State law provides a comparatively clear path for gestational-surrogacy agreements and parentage when its requirements are followed.
A compliant gestational agreement is enforceable and may provide for consideration and reasonable expenses. If formal requirements are missed, a court determines parentage according to the parties' intent rather than treating the agreement as automatically effective.
The carrier must be at least 21, have previously given birth, complete medical and mental-health evaluations, and be represented by independent counsel of her choice paid by the intended parents. The carrier may not provide the egg used in the pregnancy.
For a compliant agreement, the intended parent or parents are parents and the carrier and her spouse are not parents by operation of law at birth. A circuit court may enter a parentage judgment before, on, or after birth, although enforcement of a pre-birth judgment is stayed until birth; a separate birth-registrar provision does not become operative until January 1, 2027.
At least one party must reside in Oregon, the transfer must occur in Oregon, or all parties must intend the birth to occur in Oregon.
Medical evaluations, mental-health consultations, and independent legal representation should be completed before signing and before transfer.
The written agreement must include all intended parents, the carrier, and any spouse whose joinder the statute requires, with the prescribed execution formalities.
Sequence matters. Use these steps to prepare for a conversation with qualified assisted-reproduction professionals.
Engage independent Oregon counsel for both sides before signing or transfer to verify the nexus, prerequisites, execution formalities, insurance terms, and preferred parentage-order timing.
The carrier must be at least 21, have previously given birth, complete medical and mental-health evaluations, and be represented by independent counsel of her choice paid by the intended parents. The carrier may not provide the egg used in the pregnancy.
Complete medical, psychological, insurance, compensation or expense, and independent legal review before medication or embryo transfer. A compliant gestational agreement is enforceable and may provide for consideration and reasonable expenses. If formal requirements are missed, a court determines parentage according to the parties' intent rather than treating the agreement as automatically effective.
For a compliant agreement, the intended parent or parents are parents and the carrier and her spouse are not parents by operation of law at birth. A circuit court may enter a parentage judgment before, on, or after birth, although enforcement of a pre-birth judgment is stayed until birth; a separate birth-registrar provision does not become operative until January 1, 2027.
Review the linked statutes, court materials, public guidance, and clearly identified practice sources as a starting point for current legal review.
Laws, court practices, and local filing procedures can change. This page provides general educational information, not legal advice. Consult independent assisted-reproduction counsel licensed in the relevant state before relying on it.
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