This guide provides an overview of surrogacy in the U.S. Issues discussed cover types of surrogacy and agreements included as part of the process. Links to state-specific laws are included.
Oregon Legal Guide to Surrogacy — Surrogate: A Comprehensive Overview Introduction: Surrogacy is a method of assisted reproduction where a woman, referred to as a surrogate, carries and gives birth to a child for another intended parent or couple. Surrogacy arrangements can be complex, involving legal, medical, and emotional considerations. In the state of Oregon, there are different types of surrogacy options available that prospective parents and surrogates need to be aware of. This guide aims to provide a detailed understanding of surrogacy in Oregon, including its legal aspects and various types. 1. Gestational and Traditional Surrogacy: Oregon recognizes both gestational and traditional surrogacy. In gestational surrogacy, the surrogate carries a child conceived using the intended parents' or donors' genetic material through in vitro fertilization (IVF). In this case, the surrogate has no genetic relation to the child. Traditional surrogacy, on the other hand, involves the surrogate using her own eggs to conceive the child, making her genetically related to the child. 2. Legal Considerations: The legal landscape surrounding surrogacy varies from state to state, and Oregon has specific laws governing these arrangements. The Oregon Uniform Parentage Act allows for the enforceability of surrogacy agreements and outlines the process for establishing legal parentage for intended parents. It is crucial for both parties to consult with experienced attorneys specializing in reproductive law to ensure compliance with legal requirements. 3. Screening and Matching Process: Working with reputable surrogacy agencies, clinics, or attorneys is essential in finding potential surrogates and intended parents. During the screening process, surrogates undergo comprehensive medical, psychological, and background checks to ensure their suitability for the surrogacy journey. Intended parents also have the opportunity to specify their preferences and criteria for a surrogate, ensuring compatibility and mutual understanding. 4. Surrogacy Costs and Compensation: Surrogacy involves financial considerations, and intended parents are typically responsible for covering various costs throughout the process. These costs may include medical expenses, legal fees, insurance, agency fees, and compensation for the surrogate's time, effort, and any potential risks involved. Oregon does not have specific laws regarding surrogacy compensation, making it crucial to negotiate and define these terms clearly in the surrogacy agreement. 5. Surrogacy and LGBTQ+ Parents: Oregon is considered a surrogacy-friendly state and does not discriminate against intended parents based on their sexual orientation or marital status. Same-sex couples or individuals are legally protected and have equal rights when pursuing surrogacy in Oregon. The state's inclusive laws and supportive environment make it an attractive option for LGBTQ+ individuals or couples seeking to build their families through surrogacy. Conclusion: Surrogacy in Oregon offers a range of options for intended parents and surrogates to create fulfilling and rewarding journeys towards parenthood. By understanding the legal landscape, different types of surrogacy, and the necessary steps involved, parties can navigate the process with confidence and ensure a successful surrogacy experience. Seeking guidance from experienced professionals is crucial to protect the rights and interests of all parties involved.
