to 109.525] apply only to gametes collected on or after the effective

109.518 to 109.525] apply only to gametes collected on or after the effective date of this 2025 Act [September 26, 2025]. [2025 c.592 �85]

����� 109.519 Collection of information. (1) A gamete bank or fertility clinic providing services in this state shall collect from a donor the donor�s identifying information and medical history at the time of the donation.

����� (2) A gamete bank or fertility clinic providing services in this state which receives gametes of a donor collected by another gamete bank or fertility clinic shall collect the name, address, telephone number and electronic mail address of the gamete bank or fertility clinic from which it received the gametes.

����� (3) A gamete bank or fertility clinic providing services in this state shall disclose the information collected under subsections (1) and (2) of this section as provided under ORS 109.522. [2025 c.592 �86]

����� Note: See note under 109.518.

����� 109.520 [Amended by 1953 c.343 �2; 1957 c.710 �12; 1973 c.827 �15; renumbered 109.625 in 2025]

����� 109.522 Disclosure of identifying information and medical history. (1) On request of a child conceived by assisted reproduction who attains 18 years of age, a gamete bank or fertility clinic providing services in this state which collected the gametes used in the assisted reproduction shall provide the child with identifying information of the donor who provided the gametes.

����� (2) Regardless whether a child made a request under subsection (1) of this section, on request by a child conceived by assisted reproduction who attains 18 years of age, or, if the child is a minor, by a parent or guardian of the child, a gamete bank or fertility clinic licensed in this state which collected the gametes used in the assisted reproduction shall make a good-faith effort to provide the child or, if the child is a minor, the parent or guardian of the child, access to nonidentifying medical history of the donor.

����� (3) On request of a child conceived by assisted reproduction who attains 18 years of age, or, if the child is a minor, by a parent or guardian of the child, a gamete bank or fertility clinic licensed in this state which received the gametes used in the assisted reproduction from another gamete bank or fertility clinic shall disclose to the child or, if the child is a minor, the parent or guardian of the child, the name, address, telephone number and electronic mail address of the gamete bank or fertility clinic from which it received the gametes. [2025 c.592 �87]

����� Note: See note under 109.518.

����� 109.525 Recordkeeping. (1) A gamete bank or fertility clinic providing services in this state that collects gametes for use in assisted reproduction shall maintain identifying information and medical history about each gamete donor. The gamete bank or fertility clinic shall maintain records of gamete screening and testing and comply with reporting requirements under state or federal law.

����� (2) A gamete bank or fertility clinic providing services in this state that receives gametes from another gamete bank or fertility clinic shall maintain the name, address, telephone number and electronic mail address of the gamete bank or fertility clinic from which it received the gametes. [2025 c.592 �88]

����� Note: See note under 109.518.

����� 109.550 [1977 c.525 �2; 1993 c.33 �293; repealed by 1993 c.546 �141]

����� 109.555 [1977 c.525 �3; 1979 c.266 �2; 1993 c.33 �294; repealed by 1993 c.546 �141]

����� 109.560 [1977 c.525 �4; 1993 c.33 �295; repealed by 1993 c.546 �141]

����� 109.565 [1977 c.525 �5; repealed by 1993 c.546 �141]

RELATIVE CAREGIVERS

����� 109.570 Legislative findings. The Legislative Assembly finds that:

����� (1) Current economic and cultural circumstances are such that relatives of minor children are playing an increasing role in ensuring the health, safety and education of minor children who, for many reasons, cannot live with and are not being cared for by their parents or guardians, and for whom legal proceedings have not been initiated or undertaken to establish legal guardianships or placements under the laws of this state.

����� (2) Relatives of minor children are frequently asked, with minimal notice, to provide housing and health care, and to make educational decisions, for minor children who are left in their care.

����� (3) Relative caregivers frequently face barriers to obtaining necessary and appropriate medical treatment and educational services for minor children left in their care.

����� (4) These barriers pose a significant challenge to relative caregivers in dealing with health care providers and schools, and pose a substantial threat to the health, safety and welfare of minor children in this state.

����� (5) It is necessary to provide legal authority for relative caregivers to access necessary and appropriate medical treatment and educational services for minor children who are left in the relative caregivers� care and who are without legal parents or guardians who can otherwise provide for them. [2013 c.231 �1]

����� Note: 109.570 to 109.580 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 109 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

����� 109.572 Definitions for ORS 109.570 to 109.580. As used in ORS 109.570 to 109.580:

����� (1) �Educational services� means enrollment of a minor child in a school to which the minor child has been or will be accepted for attendance and participation in any school activities, including extracurricular activities.

����� (2) �Health care facility� means any facility that provides medical treatment.

����� (3) �Health care provider� means a person who is licensed, certified, registered or otherwise authorized by law in this state to administer medical treatment in the practice of a health care profession or at a health care facility, and includes a health care facility.

����� (4) �Medical treatment� means developmental screening, mental health screening and treatment, ordinary and necessary medical, dental and optical examination and treatment and preventive care including ordinary immunizations, tuberculin testing and well-child care, and includes the examination for and treatment of any injury, symptom, disease or pathology that is, in the judgment of the treating health care provider, reasonably necessary.

����� (5) �Legal parent or guardian� means the parent or guardian of a minor child, a person with rights established under ORS 109.119 or a person to whom powers have been delegated under ORS 109.056.

����� (6) �Relative caregiver� means a competent adult who is 18 years of age or older, who is related to a minor child by blood, marriage or adoption, who is not the legal parent or guardian and who represents in the affidavit described in ORS 109.580 that the minor child lives with the adult and that the adult is responsible for the care of the minor child. [2013 c.231 �2]

����� Note: See note under 109.570.

����� 109.575 Authority of relative caregiver to consent to medical treatment and educational services for minor child; liability for payment; expiration of authority. (1) A relative caregiver acting pursuant to an affidavit under ORS 109.580 may consent to medical treatment and educational services for a minor child that a minor child cannot otherwise legally consent to if, after reasonable efforts have been made to obtain the consent of the legal parent or guardian to the treatment or services, the consent of the legal parent or guardian cannot be obtained.

����� (2) A relative caregiver providing consent under this section is liable to the health care provider or school for payment for any medical treatment or educational services provided to a minor child pursuant to the consent.

����� (3) The consent of a relative caregiver under this section shall be superseded by any contravening decision of the legal parent or guardian, provided the decision does not threaten the life, health or safety of the minor child.

����� (4) If the minor child stops living with the relative caregiver, the relative caregiver shall immediately notify any health care provider or school that has been given an affidavit under ORS 109.580. The affidavit is invalid immediately upon receipt by the health care provider or school of the notice under this subsection.

����� (5) An affidavit under ORS 109.580 expires one year after the date it is given to a health care provider or school by a relative caregiver. If the date the affidavit is given to a health care provider or school is unknown or uncertain, it shall expire one year after the date the relative caregiver signs the affidavit.

����� (6)(a) A health care provider or school may, but is not required to, rely on the representations or affidavit of a person claiming to be a relative caregiver if the health care provider or school does not have actual notice of the falsity of any of the statements or documentation made or provided by the person claiming to be a relative caregiver.

����� (b) Upon receipt of a valid affidavit as described in ORS 109.580, a health care provider or school may, but is not required to, request documentation of a person�s claimed status as a relative caregiver and of attempts made to obtain the consent of the legal parent or guardian.

����� (7) A relative caregiver acting in good faith with reasonable grounds to provide consent for medical treatment or educational services pursuant to an affidavit under ORS