Title 109 · ORS Chapter 109

109.244, each intended parent of a child conceived by assisted reproduction under a gestational surrogacy agreement is a parent of the child if, due to a clinical or laboratory error, the child is not

Citation: ORS 109.244

Section: 109.244

109.244, each intended parent of a child conceived by assisted reproduction under a gestational surrogacy agreement is a parent of the child if, due to a clinical or laboratory error, the child is not genetically related to an intended parent or to a donor who donated to the intended parent or parents, subject to any other claim of parentage. [2025 c.592 �70]

�� Note: See note under 109.222.

�� 109.239 [1977 c.686 �5; 2017 c.651 �4; repealed by 2025 c.592 �83]

�� 109.240 Parentage of deceased intended parent. (1) ORS 109.238 applies to an intended parent even if the intended parent dies during the period between the transfer resulting in a pregnancy and the birth of the child.

�� (2) Except as otherwise provided in ORS 109.244, an intended parent who dies before the transfer resulting in a child conceived by assisted reproduction under a gestational surrogacy agreement is the child�s parent only if:

�� (a) The agreement provides that the intended parent would be the parent of a child conceived by a transfer occurring after the intended parent�s death; and

�� (b) The transfer occurs not later than 24 months after the death of the intended parent. [2025 c.592 �71]

�� Note: See note under 109.222.

�� 109.242 Judgment of parentage. (1) Except as otherwise provided in ORS 109.238 (3), before, on or after the birth of a child conceived by assisted reproduction under a gestational surrogacy agreement, a party to the agreement may commence a proceeding in the circuit court for a judgment:

�� (a) Declaring that each intended parent is a parent of the child and ordering that parental rights and duties vest immediately on the birth of the child exclusively in each intended parent;

�� (b) Declaring that the gestational surrogate and the surrogate�s spouse or former spouse, if any, are not the parents of the child;

�� (c) To protect the privacy of the child and the parties, declaring that the court record is not open to inspection, except as authorized under ORS 109.232;

�� (d) If necessary, that the child be surrendered to the intended parent or parents; and

�� (e) For other relief the court determines necessary and proper.

�� (2) The court may issue a judgment under subsection (1) of this section before the birth of the child but the court shall stay enforcement of the judgment until the birth of the child and shall order one or more of the parties to notify the court of the child�s birth.

�� (3) Neither this state nor the state registrar is a necessary party to a proceeding under subsection (1) of this section. [2025 c.592 �72]

�� Note: The amendments to 109.242 by section 73, chapter 592, Oregon Laws 2025, become operative January 1, 2027. See section 153, chapter 592, Oregon Laws 2025. The text that is operative on and after January 1, 2027, is set forth for the user�s convenience.

�� 109.242. (1) Except as otherwise provided in ORS 109.238 (3), before, on or after the birth of a child conceived by assisted reproduction under a gestational surrogacy agreement, a party to the agreement may commence a proceeding in the circuit court for a judgment:

�� (a) Declaring that each intended parent is a parent of the child and ordering that parental rights and duties vest immediately on the birth of the child exclusively in each intended parent;

�� (b) Declaring that the gestational surrogate and the surrogate�s spouse or former spouse, if any, are not the parents of the child;

�� (c) Directing the State Registrar of the Center for Health Statistics to designate each intended parent as a parent of the child on the birth record;

�� (d) To protect the privacy of the child and the parties, declaring that the court record is not open to inspection, except as authorized under ORS 109.232;

�� (e) If necessary, that the child be surrendered to the intended parent or parents; and

�� (f) For other relief the court determines necessary and proper.

�� (3) Neither this state nor the state registrar is a necessary party to a proceeding under subsection (1) of this section.

�� Note: See note under 109.222.

�� 109.243 [1977 c.686 �6; 2017 c.651 �5; repealed by 2025 c.592 �83]

�� 109.244 Effect of gestational surrogacy agreement. (1) A gestational surrogacy agreement that complies with ORS 109.222 to 109.244 is enforceable.

�� (2) If a child was conceived by assisted reproduction under a gestational surrogacy agreement that does not comply with ORS 109.222 to 109.244, the court shall determine the rights and duties of the parties to the agreement consistent with the intent of the parties at the time of the execution of the agreement. Each party to the agreement and any individual who at the time of the execution of the agreement was a spouse of a party to the agreement has standing to maintain a proceeding to adjudicate an issue related to the enforcement of the agreement.

�� (3) Except as expressly provided in a gestational surrogacy agreement or subsection (4) or (5) of this section, if the agreement is breached by the gestational surrogate, the gestational surrogate�s spouse or one or more intended parents, the nonbreaching party is entitled to the remedies available at law or in equity.

�� (4) Specific performance is not a remedy available for breach by a gestational surrogate of a provision in the agreement that the gestational surrogate be impregnated, terminate or not terminate a pregnancy or submit to medical procedures.

�� (5) Except as otherwise provided in subsection (4) of this section, if an intended parent is determined to be a parent of the child, specific performance is a remedy available for:

�� (a) Breach of the agreement by a gestational surrogate or the gestational surrogate�s spouse that prevents the intended parent from exercising immediately on birth of the child the full rights of parentage; or

�� (b) Breach by the intended parent that prevents the intended parent�s acceptance, immediately on birth of the child conceived by assisted reproduction under the agreement, of the duties of parentage. [2025 c.592 �74]

�� Note: See note under 109.222.

�� 109.247 [1977 c.686 �7; 2017 c.651 �6; repealed by 2025 c.592 �83]

�� 109.250 [1953 c.628 �7; repealed by 2025 c.592 �53]

�� 109.251 [1981 c.401 �2; 1995 c.608 �5; 1999 c.80 �24; 2009 c.595 �70; 2017 c.651 �26; repealed by 2025 c.592 �53]

�� 109.252 [1953 c.628 �1; 1969 c.619 �13; 1983 c.762 �7; 1985 c.671 �43; 1999 c.80 �25; 2001 c.455 �18; 2007 c.71 �28; 2017 c.651 �27; 2021 c.398 �42; 2025 c.99 �60; repealed by 2025 c.592 �53]

�� 109.254 [1953 c.628 �2; 1981 c.401 �3; 1985 c.671 �44; 1999 c.80 �26; 2001 c.455 �19; 2017 c.651 �28; repealed by 2025 c.592 �53]

�� 109.256 [1953 c.628 �3; 1983 c.762 �8; 1985 c.671 �44a; repealed by 2025 c.592 �53]

�� 109.258 [1953 c.628 �4; 1985 c.671 �44b; 1999 c.80 �27; repealed by 2025 c.592 �53]

�� 109.259 [1997 c.746 �24b; 1999 c.80 �88; 2017 c.651 �29; 2025 c.592 �16; renumbered 109.154 in 2025]

�� 109.260 [1953 c.628 �5; 2011 c.259 �1; 2025 c.592 �52; renumbered 109.204 in 2025]

�� 109.262 [1953 c.628 �6; repealed by 2025 c.592 �53]

�� 109.264 [1993 c.596 �23; 2017 c.651 �30; repealed by 2025 c.592 �53]

ADOPTION

�� 109.266 Definitions for ORS 109.266 to 109.410. As used in ORS 109.266 to 109.410, unless the context requires otherwise:

�� (1) �Continued custody� of an Indian child has the meaning described in ORS 419B.606.

�� (2) �Home study� means a written report documenting the result of an assessment conducted by the Department of Human Services, a licensed adoption agency or other public agency to evaluate the suitability of a prospective adoptive parent or parents to adopt.

�� (3) �ICWA compliance report� means a written report prepared by the department after the petition for adoption or readoption has been filed, as described in ORS