Yes, surrogacy is legal in Oregon, with protections for gestational carriers and intended parents under ORS 109.243–109.329. The state permits both altruistic and compensated gestational surrogacy, provided contracts meet statutory requirements. Oregon’s 2023 amendments to the Uniform Parentage Act (effective 2026) further clarify enforceability, requiring notarized agreements and independent legal counsel for all parties.
Key Regulations for Surrogacy in Oregon
- Gestational-only surrogacy: Traditional surrogacy (genetic link to carrier) remains unregulated; Oregon courts disfavor such arrangements due to parental rights ambiguities.
- Pre-birth orders: Intended parents may obtain pre-birth parentage judgments, but Oregon’s 2026 amendments mandate judicial review of surrogacy contracts for unconscionability or coercion risks.
- Compensation limits: While compensated surrogacy is permitted, Oregon’s 2023 statute caps “reasonable expenses” at $25,000 (adjusted annually for inflation) unless courts approve higher amounts under exceptional circumstances.
Oregon’s Department of Human Services (DHS) oversees surrogacy through the Vital Records Unit, which verifies compliance with ORS 109.255 prior to issuing birth certificates. Out-of-state surrogacy arrangements must comply with Oregon’s residency-independent statutes, though courts may scrutinize contracts lacking Oregon ties. Non-compliance risks voiding parental rights or civil penalties under ORS 109.295.