Oregon Surrogacy Laws 2025

Understanding surrogacy laws in Oregon

Oregon stands as a beacon of hope and inclusivity for families and Surrogates alike. With some of the most progressive and supportive surrogacy laws in the United States, Oregon offers a safe, transparent, and welcoming environment for those embarking on the surrogacy journey. Whether you are an Intended Parent dreaming of growing your family or a compassionate Surrogate ready to make a difference, understanding Oregon surrogacy laws is the first step toward a secure and fulfilling experience.

Oregon does not have a specific statute governing surrogacy, but its legal landscape is shaped by well-established court precedents and a culture of respect for all parties involved. Both gestational and traditional surrogacy arrangements are recognized, and the state’s courts are known for their clarity and fairness in issuing pre-birth parentage orders. This means you can feel confident that your rights—and your family’s future—are protected every step of the way.

Types of surrogacy recognized in Oregon

Oregon is unique in its recognition and support of both major forms of surrogacy:

Gestational surrogacy

In gestational surrogacy, the Surrogate carries a child conceived using the Intended Parent’s or donor’s egg and sperm. The Surrogate has no genetic relationship to the baby. Oregon courts routinely grant pre-birth parentage orders in gestational surrogacy cases, ensuring that Intended Parents are recognized as the legal parents from the moment of birth. This legal clarity provides peace of mind and a smooth transition for everyone involved.

Traditional surrogacy

Traditional surrogacy involves the Surrogate’s own egg, making her the child’s genetic mother. While less common, traditional surrogacy is also permitted in Oregon. However, these arrangements can be more legally complex, as the Surrogate has genetic ties to the child. Intended Parents and Surrogates are strongly encouraged to work with experienced legal professionals to ensure that all parties’ rights and intentions are clearly documented and protected.

Altruistic and compensated surrogacy

Oregon allows both altruistic (unpaid) and compensated surrogacy arrangements. Compensation for Surrogates is legal and common, provided it is clearly outlined in a written agreement. This flexibility ensures that Surrogates are fairly supported for their time, effort, and commitment, while Intended Parents can pursue the arrangement that best fits their values and needs.

These inclusive options reflect Oregon’s commitment to fairness, transparency, and respect for every family’s unique path.

Who can become a Surrogate or Intended Parent in Oregon

Oregon’s surrogacy laws are designed to be inclusive, welcoming a diverse range of Intended Parents and Surrogates. However, there are important eligibility criteria to ensure the safety and well-being of all involved.

Intended Parents

• Marital status: Both married and unmarried individuals or couples are eligible. Oregon does not discriminate based on marital status.
• Sexual orientation: All Intended Parents, regardless of sexual orientation or gender identity, are welcome. Same-sex couples and single parents are fully supported under Oregon law.
• Residency: You do not need to be an Oregon resident to pursue surrogacy in the state, making Oregon a popular choice for out-of-state and international families.

Surrogates

• Age: Surrogates are typically between 21 and 42 years old.
• Health: Surrogates must have a history of healthy pregnancies and pass comprehensive medical and psychological screenings.
• Lifestyle: A stable, supportive home environment and a commitment to healthy living are essential.
• Legal capacity: Surrogates must be able to enter into a legal contract and fully understand the responsibilities involved.

These requirements are in place to protect the health, safety, and emotional well-being of the Surrogate, the Intended Parents, and—most importantly—the child. At every step, you are supported by a team of professionals dedicated to your care and success.

Legal requirements for surrogacy agreements

A clear, comprehensive surrogacy agreement is the cornerstone of a safe and successful journey in Oregon. While the state does not have a specific surrogacy statute, its courts consistently uphold well-drafted contracts that prioritize the rights and intentions of all parties.

Key elements of a surrogacy agreement in Oregon

• Written contract: All surrogacy arrangements must be documented in a written agreement, signed before any medical procedures begin.
• Independent legal counsel: Both the Surrogate and the Intended Parents must have their own attorneys to ensure that everyone’s interests are fully represented and protected.
• Compensation terms: If compensation is involved, the agreement must clearly outline the amount, payment schedule, and any additional expenses covered.
• Parental rights: The contract should specify how parental rights will be established, including the process for obtaining a pre-birth or post-birth parentage order.
• Medical and psychological screening: The agreement should confirm that all parties have completed the necessary screenings.
• Dispute resolution: Provisions for resolving any disagreements or unexpected circumstances should be included to provide peace of mind.

Parentage orders

Oregon courts are known for their willingness to grant pre-birth parentage orders, which legally recognize the Intended Parents as the child’s parents before birth. This process is available to all Intended Parents, regardless of marital status, sexual orientation, or genetic connection to the child. The result is a smooth, secure transition at the time of birth, with the Intended Parents’ names placed directly on the birth certificate.

These legal safeguards are designed to protect your family, honor your intentions, and ensure that every surrogacy journey in Oregon is built on trust, respect, and clarity.

Begin your surrogacy journey in Oregon with confidence

Choosing surrogacy is a profound act of hope, love, and trust. In Oregon, you can move forward knowing that your journey is supported by some of the nation’s most inclusive and protective surrogacy laws. At Hatch, we are committed to guiding you with expertise, compassion, and unwavering respect for your dreams and your family’s future.

Ready to take the next step? Connect with Hatch today and let us help you build your family with confidence, safety, and care—every step of the way.

Frequently Asked Questions

• Are both gestational and traditional surrogacy legal under Oregon surrogacy laws?
  Yes, Oregon recognizes and permits both gestational and traditional surrogacy arrangements.
• Do Intended Parents need to be married to pursue surrogacy in Oregon?
  No, Oregon surrogacy laws do not require Intended Parents to be married. Single individuals and unmarried couples are welcome.
• Can same-sex couples become parents through surrogacy in Oregon?
  Absolutely. Oregon’s surrogacy laws are inclusive and fully support same-sex couples and LGBTQ+ individuals.
• Is compensation for Surrogates allowed in Oregon?
  Yes, compensated surrogacy is legal in Oregon, provided the terms are clearly outlined in a written agreement.
• Do I need to live in Oregon to use Oregon surrogacy laws?
  No, you do not need to be an Oregon resident. Many out-of-state and international Intended Parents choose Oregon for its supportive legal environment.
• How are parental rights established in Oregon surrogacy cases?
  Parental rights are typically established through a pre-birth parentage order, ensuring Intended Parents are recognized from birth.

• Are there any challenges to working with an Oregon Surrogate?
  If you are paying a la carte for your surrogacy journey, Oregon may have an added cost for health insurance due to surrogacy-related insurance liens that do not have a set cap. However, with Hatch’s Peace of Mind Package this is a non-issue as this cost is absorbed by our agency.