State-by-State Surrogacy Laws: Surrogacy in Oregon
Thanks to incredible advances in reproductive technology, surrogacy is a beautiful way to start or grow a family. If you’re an Intended Parent, there are many physical and emotional reasons why you might decide surrogacy is right for you. For surrogates, there is nothing quite like able to deliver the precious gift of life to a grateful family.
Oregon is a great place for surrogacy despite an absence of published case law or statues covering surrogacy. There are no laws restricting its practice, however, which means surrogacy in Oregon is considered legal and many families living in the state were created via surrogacy. Oregon courts tend to rule favorably with respect to pre-birth orders.
Although Oregon does not currently have laws covering surrogacy, there are ethical standards established by professionals in the state and across the country. These standards are meant to inform best practices for the medical and legal aspects of surrogacy and are designed to protect Intended Parents and surrogates alike. Surrogacy agreements in Oregon are also presumed to be enforceable under general contract law.
When deciding to pursue surrogacy, you’ll be inundated with a lot of new information. Some of it can be overwhelming. It’s important to understand local requirements and medical, legal, and ethical considerations. Do your own extensive research on the front end. Ask professionals in the field lots of questions. Making informed decisions while being guided by medical and legal professionals is essential if you want to have a successful surrogacy arrangement.
Nothing in this blog (or any others!) should ever replace the legal advice you are offered from surrogacy-specializing medical and legal professionals. A good starting place in looking for a lawyer to represent you is Surrogacy Place’s own attorney directory.
The information presented below discusses what to expect from the process and how to get started without using a surrogacy agency.
Is commercial surrogacy legal and practices in the state of Oregon?
Yes. As there are no specific laws discussing surrogacy in Oregon, compensation for surrogacy is not covered via statute. Therefore, surrogates (whether gestational or traditional) are free to decide the compensation level they feel is most appropriate.
How about independent journeys? How can I do surrogacy independently in Oregon?
Independent journeys are always an option. Many surrogates and Intended Parents prefer to proceed without an agency. Scroll down below for more information on independent journeys. To start your Independent journey, try Surrogacy Place’s self-matching platform.
What does the law say about who can successfully petition their parentage in Oregon?
All individuals whether members of the LGBTQ+ community or otherwise are equally eligible to pursue parentage claims for children born via surrogacy. Pre-birth orders are typically granted when there’s at least one biological connection to the child(ren) though pre-birth orders may be available in instances where there are no biological connections (e.g. when using an embryo donor). Where pre-birth orders are unavailable, parentage may be established by second-parent or stepparent adoptions.
You will first need to ascertain whether you’re qualified to become a surrogate. Surrogacy eligibility is not a given even if you’re successfully carried your own children in the past. There are standards in place for the safety of all involved. Take our quiz to learn more.
Typical surrogacy-eligibility guidelines include:
- All of your pregnancies have been healthy and complication-free.
- You consider your family is complete i.e. you do not want more kids of your own.
- You do not use tobacco/drugs and will not use alcohol and prohibited drugs or eat prohibited foods/supplements during pregnancy.
- You are conscientious about following precise doctor’s orders.
- You are older than 21 and younger than 42 (though exact age requirements may vary by Reproductive Endocrinologist).
- You are not receiving or plan to receive government financial assistance including Section 8 housing.
- You are not currently taking any medications where pregnancy is considered a contradiction.
Only a qualified Reproductive Endocrinologist can determine if you fit the medical requirements for surrogacy. If you feel that you may be qualified, however, you can start the process of vetting Intended Parents for a potential match.
Surrogacy Place’s self-matching and messaging platform was created specifically for surrogates and Intended Parents to meet each other for independent journeys. It was also designed to help you filter by desired qualities including compensation, location, perspectives on abortion, and more.
After you find your perfect match, you’ll need to finalize legal contracts. Intended Parents must pay for surrogates to use their own lawyer (selected by the surrogate, not the Intended Parent). The contract phase is an opportunity to discuss your legal rights with an attorney who is representing your specific interests. If everyone is on the same page, an embryo will be implanted and with sticky vibes and good luck on your side, a pregnancy will result.
We put together a guide specifically for gestational surrogates. Read about some of the key steps.
Why match independently in Oregon? Here’s some info on what going independent means and why it’s preferred by many surrogates.
Finding a potential surrogate or Intended Parent in Oregon
You can start with Surrogacy Place, a secure platform developed specifically for folks that need surrogates and surrogates themselves. Surrogacy Place allows you to match independently based on your unique needs. Registration is always free for surrogates, Intended Parent(s) need to pay an access fee to view and message surrogates. Sign up here.
Top reasons to do an independent surrogacy journey in Oregon
For most Intended Parents, the primary motivation for going independent is to remove the agency middle man and the extraordinary high matching and administrative fees that come with using the services of an agency. An online background check that normally costs $50 may run $500 when it comes time to pay the agency bill. Removing agency fees saves Intended Parents lots of money and oftentimes the financial savings can be used to increase the base compensation rate for surrogates. Surrogates deserve to receive their desired compensation irrespective of an agency’s financial goals.
How about wait times for matching? Matching wait times at agencies can be very long – often over 18 months. Independent matching allows folks to start their journeys sooner. Independent matching also allows all parties to view an unlimited number of candidates vs. the 1-2 profiles an agency is willing to show. There’s peace of mind in knowing you found the perfect match and not who happens to be available in an agency’s database after a long and exhausting waiting period.
The reasons Intended Parent(s) usually prefer going independent are fairly straight-forward, but there are several reasons surrogates often prefer them too. Read about why surrogates forgo agencies in favor of indy journeys.
What are some of the costs Intended Parents can expect to pay? Which ones are optional?
Looking outside of the state of Oregon? We compiled our surrogacy by state pages as a resource.