109.218; and ����� (b) Is a donor if the individual provided the gametes that resulted in the pregnancy. ����� (3) An individual who withdraws consent as provided in this section shall provide a cop

109.218; and

����� (b) Is a donor if the individual provided the gametes that resulted in the pregnancy.

����� (3) An individual who withdraws consent as provided in this section shall provide a copy of the withdrawal to the clinic or health care provider facilitating the assisted reproduction. Failure to give notice to the clinic or health care provider does not affect the validity of the withdrawal. [2025 c.592 �61]

����� 109.218 Parental status of deceased individual. (1) If an individual who intends to be a parent of a child conceived by assisted reproduction, other than under a surrogacy agreement, dies during the period between the date of transfer and the birth of the child, the individual�s death does not preclude the establishment of the individual�s parentage of the child in the same manner as if the individual had died after the birth of the child.

����� (2) If an individual who consented in writing to assisted reproduction as described in ORS 109.211 (1)(a) dies before a transfer that results in pregnancy, the deceased individual is a parent of a child conceived by the transfer only if:

����� (a)(A) The individual consented in writing that if assisted reproduction were to occur after the death of the individual, the individual would be a parent of the child; or

����� (B) The individual�s intent to be a parent of a child conceived by assisted reproduction after the individual�s death is established by clear and convincing evidence; and

����� (b) The embryo is in utero not later than 24 months after the individual�s death. [2025 c.592 �62]

����� 109.220 [Amended by 1961 c.338 �5; 1969 c.619 �12; repealed by 1979 c.87 �1]

(Gestational Surrogacy)

����� 109.222 Eligibility to enter gestational surrogacy agreement. (1) An individual may enter into an agreement to act as a gestational surrogate only if the individual:

����� (a) Has attained 21 years of age;

����� (b) Has previously given birth to at least one child;

����� (c) Has completed a medical evaluation related to the surrogacy arrangement and the medical evaluation was conducted by a licensed health care provider;

����� (d) Has completed a mental health consultation by a licensed mental health care provider; and

����� (e) Has retained, at the expense of the intended parent or parents, independent legal representation of the individual�s choice to represent the individual throughout the surrogacy arrangement regarding the terms of the surrogacy agreement and the potential legal consequences of the agreement.

����� (2) An individual who intends to be a parent of a child conceived by assisted reproduction under a gestational surrogacy arrangement may enter into an agreement with a gestational surrogate if the individual:

����� (a) Has attained 21 years of age;

����� (b) Has completed a medical evaluation related to the surrogacy arrangement and the medical evaluation was conducted by a licensed health care provider;

����� (c) Has completed a mental health consultation by a licensed mental health care provider; and

����� (d) Has retained legal representation of the individual�s choice to represent the individual throughout the surrogacy arrangement regarding the terms of the surrogacy agreement and the potential legal consequences of the agreement. [2025 c.592 �63]

����� Note: 109.222 to 109.228 and 109.234 to