Surrogacy in Oregon
Surrogacy is an increasingly popular method intended parents use to achieve parenthood. Now it is regulated and accepted in almost all the fifty states of the US.
However, some states like Oregon still have very few laws outlining this process. But don’t worry, fewer laws do not mean the process of surrogacy is complicated or time-consuming. All you need to do is work with a licensed surrogacy attorney and you should be fine.
In fact, fewer laws often result in less paperwork.
Today, we will tell you everything you need to know about surrogacy in Oregon. So, let us get straight into it.
Is gestational surrogacy legal in Oregon?
Yes, gestational surrogacy is completely legal in Oregon, and more and more people are opting for it every year.
Is compensated surrogacy legal in Oregon?
Yes, as no Oregon law prohibits a surrogate from receiving compensation, it is legal for both traditional and gestational surrogacy. The compensation is decided mutually by intended parents and surrogates before any medical procedure starts.
Is gay surrogacy legal in Oregon?
Yes, gay surrogacy is completely legal in Oregon, and all the laws are almost the same for same-sex couples. The same-sex couples will be called parent 1 and parent 2 on the child's birth certificate.
Is traditional surrogacy legal in Oregon?
Yes, since no Oregon law prohibits traditional surrogacy, it is legal. But, bear in mind that only a genetically intended parent is eligible to receive a pre-birth order. That means intended parents who are not genetically related to the child must apply for post-birth adoption. Yet, it is advisable to work with experienced surrogacy professionals to avoid any parental rights disputes.
Are surrogacy agreements enforceable in Oregon?
As with most states, gestational surrogacy agreements in Oregon must be negotiated by two, independent attorneys representing the intended parents and gestational surrogate. Once the contract has been agreed upon can the surrogacy process go forward including embryo transfer.
What are the laws in Oregon on pre-birth orders?
Again, due to the lack of extensive surrogacy laws in Oregon, explicit requirements for attaining a pre-birth order are unclear. In most cases, a pre-birth order will be easily issued without any hearing if one of the intended parents is genetically connected to the child. Although non-genetic intended parents can also receive a pre-birth order, it can vary from county to county.
Is second-parent adoption allowed in Oregon?
Yes, second-parent adoption is allowed in Oregon with one condition. The condition is that both intended parents should be Oregon residents for at least six months. Intended parents can be married or unmarried, it does not matter.
Overall, Oregon is a fairly welcoming state for both surrogates and intended parents. State laws are mostly the same for all opposite-sex, same-sex, and LGBT individuals.
But, surrogacy is a complex process regardless. We recommend intended parents work with experienced surrogacy professionals like the Giving tree surrogacy and their network of surrogacy attorneys in Oregon.
Happy family building!
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