Oregon Surrogacy Professionals Association

Oregon Law

Is gestational surrogacy legal in Oregon?  YES!  Oregon is a great state for surrogacy, with many established professionals to help you through the entire process.  Gestational Surrogacy is permitted because no statute or published case law prohibits it.

Can surrogates be compensated?  Yes

BECOMING LEGAL PARENTS IN OREGON

Can the intended parents become the legal parents before birth?  Yes

Can both of the intended parents be named the legal parents before birth?  Yes, married or unmarried, heterosexual and homosexual couples who are using their own genetic material or that from donors can become the legal parents before birth.

What if neither of the intended parents is genetically related to the child?  Probably, but please talk with an attorney about the specific situation.

Do the intended parents and/or the surrogate have to go before a judge?  No.

How long does it take to get a birth certificate after delivery?  It varies from several days to several weeks, depending on the steps taken by the attorney and the need for rush processing.

SAME-SEX COUPLES

Is Oregon same sex friendly?  Yes.

How are same-sex parents named on the final birth certificate?  Parent 1 and Parent 2

Can an international same-sex male couple obtain an initial birth certificate naming the biological father and Gestational Carrier?  Possibly, under some circumstances, depending on the facts of the case. An attorney should be consulted prior to proceeding if this kind of birth certificate is necessary.

Can they then get a birth certificate naming only the biological father and/or both fathers, with no mention of the Gestational Carrier?  Yes with regard to a birth certificate naming both fathers. With regard to only the biological father, possibly, under some circumstances, depending on the facts of the case. An attorney should be consulted prior to proceeding if this kind of birth certificate is necessary.

Can the non-biological parent in a same-sex couple obtain a second parent adoption based solely on the fact that the child was born in Oregon (i.e., neither of the Intended Parents lives in Oregon)?  Yes, if the consenting Gestational Carrier has lived in Oregon for at least six months.

TRADITIONAL SURROGACY IN OREGON

Traditional surrogacy is less safe than gestational surrogacy, and is complicated.  Please talk with your attorney about whether this is a good option for you.  Traditional Surrogacy is permitted because no statute or published case law prohibits it.

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