Oregon Fertility & Surrogacy Law
Trusted Legal Support for Intended Parents, Surrogates, and Donors in Oregon
At the same time, Oregon is in the midst of a major legislative transition. With new surrogacy laws taking effect in 2026 and 2027, experienced legal guidance is essential to ensure parental rights are secured correctly — both under current practice and future law.
At Fertility & Surrogacy Legal Group, APC (FSLG), our attorneys guide intended parents, gestational carriers, and donors through every stage of the Oregon surrogacy process with clarity, foresight, and proactive legal protection.
Why Oregon Is Supportive of Modern Family Building
Oregon’s legal environment has made it a national destination for assisted reproduction because:
Gestational surrogacy is legally permitted and widely practiced
Courts routinely recognize well-drafted surrogacy agreements
Compensated surrogacy arrangements are customary and accepted
Parentage orders are regularly issued
LGBTQ+ parents and single parents are supported
Donor conception is clearly recognized, with donors not treated as legal parents
Parentage cases may be filed in any Oregon county
In practice, Multnomah County has become a common filing venue due to its established court familiarity with ART matters and its proximity to Oregon’s major fertility clinics, agencies, and hospitals.
Surrogacy in Oregon: What You Can Expect
Intended Parents
Oregon courts commonly grant parentage orders before or shortly after birth. Parentage is regularly confirmed for married and unmarried couples, same-sex parents, and single intended parents. When donor gametes or embryo donation are used, parentage remains available and is secured through careful legal planning.
Gestational Carriers (Surrogates)
Surrogates are protected through clear, enforceable agreements that define medical decision-making, compensation, expenses, and expectations. Independent legal counsel is a core safeguard in Oregon practice and under future statutory law.
Egg, Sperm & Embryo Donors
Oregon law provides clarity that donors are not legal parents when medical and legal requirements are followed, offering certainty for both donors and intended parents.
Who We Assist in Oregon
FSLG supports all parties involved in assisted reproduction, including:
LGBTQ+ Family Protections in Oregon
Oregon is one of the most inclusive states for LGBTQ+ family building. FSLG provides:
- Equal access to parentage for same-sex, transgender, and nonbinary parents
- Legal planning for families using donor gametes or embryo donation
- Strategic guidance for securing non-biological parentage
Under current (pre-statutory) practice, some families choose to complete a second-parent adoption even after obtaining a parentage order. This step can provide an added layer of protection — particularly for interstate recognition — until Oregon’s new statutory framework becomes fully operative.
Clients may also explore:
Your Path to Legal Parentage in Oregon
Parentage Orders
FSLG guides families through Oregon’s established court process to secure parentage:
- Pre-birth judgments may be issued before delivery
- Parental rights vest immediately upon birth
- Courts order the State Registrar to issue a birth certificate naming the intended parents
Hospital & Vital Records Coordination
We coordinate directly with hospitals and vital records offices to ensure:
- Parentage orders are recognized by hospital staff
- Birth certificates are issued accurately and without delay
Administrative issues are resolved before delivery day
Donor Agreements
We prepare and review:
- Egg Donation Agreements
- Sperm Donation Agreements
- Embryo Donation Agreements
These agreements define rights, responsibilities, and expectations clearly for all parties.
Funds & Financial Management
Our in-house escrow services provide:
- Secure handling of surrogacy funds
- Compliance with Oregon norms and best practices
- Full transparency throughout the process
Passport & Travel
If your child is born in Oregon and you live elsewhere, FSLG assists with:
- Birth certificate processing
- Passport documentation
- Travel preparation
For international intended parents, we also provide guidance on securing travel documents and coordinating U.S. parentage with home-country legal requirements.
Frequently Asked Questions: Oregon Surrogacy Law
Is compensated surrogacy legal in Oregon?
Yes. Compensated gestational surrogacy is an accepted and established practice.
Can unmarried or LGBTQ+ parents pursue surrogacy in Oregon?
Yes. Oregon provides equal access regardless of marital status, gender, or sexual orientation.
Are pre-birth parentage orders available?
Yes. Courts regularly issue pre-birth judgments through the declaratory judgment process.
Is independent legal counsel required?
Yes. Under Oregon’s new statutory framework, intended parents must pay for the surrogate’s independent legal counsel.
Do intended parents need to live in Oregon?
No. Out-of-state and international families routinely complete surrogacy arrangements in Oregon.
Legal Summary: Oregon Surrogacy & Parentage Law
Status of Surrogacy Law in Oregon
Current Practice (Prior to 2026)
Surrogacy is an accepted and well-established legal practice in Oregon, with parentage typically secured through Declaratory Judgment actions issued by the court.
Future Law (Effective 2026 / 2027)
Senate Bill 163, enacted by the Oregon Legislature, introduces a comprehensive statutory framework governing surrogacy agreements and parentage.
- Key provisions take effect January 1, 2026
Additional sections become operative January 1, 2027
This creates a phased transition to statutory parentage established by operation of law.
Parentage Framework
- Intended parents are recognized as legal parents under compliant agreements
- Gestational carriers and their spouses are not legal parents
- Courts may issue judgments before, at, or after birth
Donor Conception
- Egg, sperm, and embryo donors are not legal parents when legal requirements are met
Venue
- Parentage actions may be filed in any Oregon county
- Multnomah County is a common venue due to established ART infrastructure
Start Your Oregon Journey with Confidence
Whether navigating Oregon’s long-standing court practice or preparing for the new statutory framework, FSLG provides the experience and foresight needed to protect your family.
📞 Call 619-309-2310 or complete our consultation form to begin.