Portland Surrogacy Laws
Oregon is known as the surrogacy state, but knowledge of the laws and the Portland legal process can help make for a worry-free surrogacy journey, whether you’re a hopeful parent or a surrogate.
Surrogacy laws are different state-to-state, but in Portland, Oregon, it is easier for hopeful parents to have full rights to their child or children, including their names on the birth certificate.
It is also possible to find surrogates and egg donors, as well as go through in-vitro fertilization (IVF), within the state.
There are no statutes or published laws that prohibit traditional and gestational surrogacy in Portland, OR, making it one of the most attractive states for people who wish to expand their families through surrogacy. The only statute concerning surrogacy in Portland establishes that donors are not responsible or have any rights over children resulting from assisted reproduction using their eggs, sperm, or gametes.
While we intend to provide comprehensive guides about the Portland surrogacy process, the information below does not count as actual legal advice. If you encounter any legal issues or have questions concerning Portland surrogacy laws, please connect with a professional surrogacy attorney.
Let’s take a look at the most frequently asked questions on Portland surrogacy laws and how they may affect your surrogacy journey:
Is it legal to be a surrogate or pursue surrogacy in Portland?
Yes. As there are no laws governing surrogacy operations in Portland, it is completely legal to be a surrogate or build your family through surrogacy. It is becoming an increasingly common way to expand families across the country and worldwide. While many intended parents are wary about rules and regulations that may prevent them from pursuing surrogacy, there is no question that surrogacy is legal in Portland, Oregon.
Is same-sex surrogacy legal in Portland?
Yes, same-sex surrogacy, whether as an LGBTQ+ individual or couple, is legal in Portland. Same-sex couples will have to work together with a donor for the IVF process. A trusted surrogacy agency or attorney can help educate you more on LGBTQ+ surrogacy in Portland and what you need during your journey.
Is it legal to receive compensation for surrogacy in Portland?
Yes, compensated surrogacy is legal in Portland. There are no laws prohibiting commercial surrogacy. A surrogate may be compensated for lost wages throughout the surrogacy process, time invested in the journey, incurred travel expenses, possible medical risks, and more.
Is it legal to pursue traditional surrogacy in Portland?
Yes, it is permitted to pursue traditional surrogacy in Portland. However, traditional surrogacy comes with several legal and emotional obstacles. Only the intended parent who has biological relations to the child is able to get a pre-birth order under this type of surrogacy, so a post-birth adoption is needed. Many surrogacy professionals refuse to complete traditional surrogacies due to these risks. They recommend gestational surrogacy instead, which is less risky and more regularly practiced.
Do I need surrogacy legal contracts? What do they cover?
Before beginning the medical process of surrogacy in Portland, a final surrogacy legal contract is needed. A surrogacy attorney for the intended parent/parents and a separate surrogacy attorney for the surrogate will ensure that all parties are represented during the legal procedure.
The surrogacy legal contract covers several critical issues, such as surrogate compensation, agreed-upon roles and responsibilities concerning each party, how intended parents want to proceed in the event of related medical situations, and more.
Once the finalized contract is ready, both parties can proceed to the medical steps of the surrogacy process.