in 2025]

109.167 in 2025]

����� 109.226 Content of gestational surrogacy agreement. (1) A gestational surrogacy agreement must comply with the following requirements:

����� (a) A surrogate agrees to attempt to become pregnant by means of assisted reproduction.

����� (b) The surrogate and the surrogate�s spouse or former spouse, if any, have no claim to parentage of a child conceived by assisted reproduction under the agreement.

����� (c) The surrogate�s spouse, if any, must acknowledge and agree to comply with the obligations imposed on the surrogate by the agreement.

����� (d) Except as otherwise provided in ORS 109.075, the intended parent or, if there are two intended parents, each one jointly and severally, immediately on birth will be the exclusive parent or parents of the child, regardless of number of children born or gender or mental or physical condition of each child.

����� (e) Except as otherwise provided in ORS 109.075, the intended parent or, if there are two intended parents, each parent jointly and severally, immediately on birth will assume responsibility for the financial support of the child, regardless of number of children born or gender or mental or physical condition of each child.

����� (f) The agreement must include information disclosing how each intended parent will cover the surrogacy-related expenses of the surrogate and the medical expenses of the child. If health care coverage is used to cover the medical expenses, the disclosure must include a summary of the health care policy provisions related to coverage for surrogate pregnancy, including any possible liability of the surrogate, third party liability liens, other insurance coverage, and any notice requirement that could affect coverage or liability of the surrogate. Unless the agreement expressly provides otherwise, the review and disclosure do not constitute legal advice. If the extent of coverage is uncertain, a statement of that fact is sufficient to comply with this paragraph.

����� (g) The agreement must permit the surrogate to make all health and welfare decisions regarding the surrogate and the pregnancy, including decisions regarding reproductive health care, as defined in ORS 435.190.

����� (h) The agreement must include information about each party�s right under ORS 109.236 to terminate the surrogacy agreement.

����� (2) A gestational surrogacy agreement may provide for:

����� (a) Payment of consideration and reasonable expenses; and

����� (b) Reimbursement of specific expenses if the agreement is terminated under ORS 109.236.

����� (3) A right created under a surrogacy agreement is not assignable and there is no third party beneficiary of the agreement other than the child. [2025 c.592 �65]

����� Note: See note under 109.222.

����� 109.228 Effect of subsequent change of marital status. (1) Unless a gestational surrogacy agreement expressly provides otherwise, after the agreement is signed by all of the parties:

����� (a) The subsequent marriage of a surrogate does not affect the validity of the agreement, the consent of the surrogate�s new spouse to the agreement is not required and the surrogate�s new spouse is not a presumed parent of a child conceived by assisted reproduction under the agreement; and

����� (b) The subsequent dissolution, annulment or legal separation of the surrogate does not affect the validity of the agreement.

����� (2) Unless a gestational surrogacy agreement expressly provides otherwise, after the agreement is signed by all of the parties:

����� (a) The marriage of an intended parent does not affect the validity of a surrogacy agreement, the consent of the new spouse of the intended parent is not required and the new spouse of the intended parent is not, based on the agreement, a parent of a child conceived by assisted reproduction under the agreement; and

����� (b) The dissolution, annulment or legal separation of an intended parent does not affect the validity of the agreement and unless the agreement is terminated under ORS 109.236, the intended parents are the parents of any child conceived by assisted reproduction under the agreement.

����� (3) Nothing in this section prohibits the parties before an embryo transfer that results in the agreed upon pregnancy from jointly amending the existing agreement. [2025 c.592 �66]

����� Note: See note under 109.222.

����� 109.230 [Amended by 1961 c.338 �6; 2025 c.592 �37; renumbered 109.169 in 2025]

����� 109.231 [1993 c.138 �2; 2025 c.592 �38; renumbered 109.171 in 2025]

����� 109.232 Confidentiality; sealing of court records. (1) A petition and any other document related to a surrogacy agreement filed with the court shall be sealed, exempt from public disclosure under ORS 192.311 to 192.478 and may not be disclosed except:

����� (a) To a party to the proceeding;

����� (b) To a child conceived by assisted reproduction under the agreement;

����� (c) To an attorney of a party to the proceeding or a child conceived by assisted reproduction under the agreement;

����� (d) The court; or

����� (e) Pursuant to a court order for good cause shown, and subject to the provisions of ORS 192.324.

����� (2) The individual seeking to inspect the document may be required to pay the expense of preparing a copy of the document to be inspected. [2025 c.592 �67]

����� Note: Section 150 (1), chapter 592, Oregon Laws 2025, provides:

����� Sec. 150. (1) Section 67 of this 2025 Act [ORS 109.232] applies to petitions and other documents relating to surrogacy agreements that are filed with the court or created on or after the effective date of this 2025 Act [September 26, 2025] and, upon petition of a party to the proceeding, to petitions and other documents relating to surrogacy agreements that were filed with the court or created before the effective date of this 2025 Act. [2025 c.592 �150(1)]

����� 109.234 Jurisdiction. During the period after the execution of a gestational surrogacy agreement until 90 days after the birth of a child conceived by assisted reproduction under the agreement, a court of this state conducting a proceeding in which the parentage of the child is a relevant fact has exclusive, continuing jurisdiction over all matters arising out of the agreement. Nothing in this section grants the court jurisdiction to make or enforce a judgment of support or a child custody determination if the court does not otherwise have such jurisdiction. [2025 c.592 �68]

����� Note: See note under 109.222.

����� 109.235 [1975 c.640 �12; renumbered