Did you know Oregon courts often grant pre-birth orders — even without a hearing? Although Oregon does not have established laws governing surrogacy, many families successfully become parents, and sometimes with fewer legal barriers than other states.
Having the right team can mean avoiding common pitfalls when you pursue surrogacy. That’s why American Surrogacy is committed to helping you at each step. With our support, families in Oregon and beyond can pursue their dreams with confidence.
In this guide, we’ll walk you through Oregon’s surrogacy laws, how to get a pre-birth order, enforceable contracts, legal rights, and more.
Can Surrogacy Be Legal Without Laws on the Books?: Surrogacy Laws in Oregon
Oregon does not have specific statutes directly governing surrogacy, but surrogacy is widely permitted and practiced here. Courts have generally upheld and enforced surrogacy contracts, making Oregon a surrogacy-friendly state for both intended parents and surrogates.
Yes, paid (compensated) surrogacy is legal in Oregon. There are no statutes prohibiting compensation, and the practice is supported by experienced attorneys and court precedent.
At American Surrogacy, we’ve helped hundreds of intended parents find the right surrogate — in Oregon and other states where compensated surrogacy is supported. Because we operate nationally, we can match you with a surrogate regardless of where you live.
Yes. Courts in Oregon have consistently recognized and enforced gestational surrogacy contracts. While there are no specific laws governing them, the state’s judicial history offers strong support for contract enforceability — provided the agreement meets standard contract law principles.
When you partner with American Surrogacy, we ensure your legal documents for surrogacy are created and reviewed by an experienced Oregon surrogacy attorney.
Surrogacy Contract Checklist
Your surrogacy contract in Oregon should include:
Financial Terms
Compensation for the surrogate, reimbursements and handling of unexpected costs.
Medical Procedures
Who makes decisions about embryo transfers, selective reduction, pregnancy termination or cesarean delivery?
Health and Lifestyle
Wellness expectations, travel restrictions and communication preferences.
Legal Parentage
How and when the intended parents will be recognized as the child’s legal guardians.
Dispute Resolution
Clear methods for resolving disagreements—without jeopardizing the journey.
Termination Clauses
What happens if one party needs to end the agreement early?
American Surrogacy works closely with legal professionals to ensure your contract protects your future.
When Do I Need a Surrogacy Contract in Oregon?
You’ll need a signed surrogacy contract before any medical procedures can take place — typically right after the match stage. This ensures both parties are protected and aligned before embryo transfer begins.
How Will American Surrogacy Support Me During the Contract Stage?
From the beginning, our team conducts state-by-state legal research before presenting any surrogate profiles to you. Once matched, we’ll walk you through the contract process and coordinate with your attorney to ensure legal clarity.
We don’t leave you to figure out the legal process alone — we advocate for you at every step.
How We Help You
Explaining complex legal language in plain terms
Assisting with contract negotiations and feedback loops
Coordinating timelines between medical and legal milestones
Ensuring all documentation is signed and submitted on time
Connecting you with a surrogacy attorney near you
LGBTQ+ Surrogacy Laws in Oregon
Oregon is one of the most inclusive states in the nation for LGBTQ+ surrogacy. State courts allow same-sex couples and individuals to obtain pre-birth parentage orders and recognize both parents on the child’s birth certificate.
There is no second-parent adoption requirement if both intended parents are part of the surrogacy contract.
Abortion Laws in Oregon and Surrogacy Contract Termination Agreements
Oregon places no legal restrictions on abortion, making it a supportive state for including termination clauses in surrogacy contracts. This is especially important for both surrogates and intended parents who wish to retain decision-making flexibility for medical reasons.
If your state has restrictive laws, our national program can match you with a surrogate in Oregon or another abortion-protective state.
Surrogacy Laws for Establishing Parentage in Oregon
Oregon courts allow for pre-birth orders, regardless of marital status, sexual orientation, or biological connection. This makes Oregon one of the most legally accessible states for establishing parental rights.
How to Get a Pre-Birth Order in Oregon
No court hearing is typically required for pre-birth orders in Oregon. Intended parents generally online and can be listed on the birth certificate.
Processing Time: 4–6 weeks
Birth Certificate Issuance: Usually within 1–2 weeks post-delivery, but can be expedited with an extra fee
International Surrogacy Laws in Oregon
Oregon does not have legislation that restricts or bans international intended parents from pursuing surrogacy within the state. However, international clients should work with attorneys familiar with both Oregon law and their home country’s parentage rules.
Ensure legal compliance with Oregon’s court system
Working with American Surrogacy? We’ll connect you with a trusted Oregon surrogacy attorney.
How Much Does a Surrogacy Lawyer Cost in Oregon?
Costs vary by law firm, but generally range from $5,000–$10,000, including both parties’ legal needs. With American Surrogacy, legal fees are included in our flat-rate surrogacy programs — so you’ll never be surprised by extra costs.
Find a Surrogacy Attorney Near You in Oregon
Here are a few legal professionals familiar with surrogacy in Oregon:
Beth specializes in estate planning, adoptions, and donor and surrogacy agreements. She co-founded Wolfsong Law PC in 2013, emphasizing personalized legal services for families.
With over three decades of experience, Sandra has been instrumental in forming families through surrogacy and egg donation. She represents intended parents, surrogates, and egg donors.
Erin is dedicated to assisting individuals and couples in creating families through adoption, surrogacy, and assisted reproductive technology. Licensed in Oregon and Washington, she offers comprehensive legal guidance tailored to each client's unique circumstances.
Jennifer practices in the areas of adoption and assisted reproduction technology, including gamete and embryo donation, surrogacy, and parentage. She co-founded Wolfsong Law PC and has been representing clients in these areas since 2013.
John has extensive experience in family law, including adoption and assisted reproduction. He is a partner at Bouneff, Chally & Koh, a boutique law firm providing legal care for individuals and families.
Are insurance companies required to cover IVF in Oregon?
No, Oregon does not mandate private insurance coverage for IVF. States that do include Illinois, Connecticut, and Massachusetts.
Is an embryo considered a person in Oregon?
No. Embryos are not legally considered persons under Oregon law. They are treated as property or potential life, depending on context.
Is traditional surrogacy legal in Oregon?
Yes, though it is legally riskier due to the biological connection. Contracts for traditional surrogacy are less frequently enforced, and legal advice is crucial.
Do sperm and egg donors have parental rights?
No, Oregon law supports termination of parental rights for donors through proper legal contracts.
Is there an IVF Tax Credit?
No, Oregon does not currently offer a state-level IVF tax credit.
Start Your Oregon Surrogacy Journey Today
With no prohibitive laws and a supportive legal environment, Oregon is an ideal place to build your family through surrogacy. Whether you’re a local resident or seeking surrogacy services from out of state, American Surrogacy is here to make your journey legal, smooth, and emotionally fulfilling.
This article is not intended to be and should not be taken as legal advice. American Surrogacy makes no guarantee the information in this article is accurate and up-to-date, as surrogacy laws in Oregon are always subject to change. Please contact a local Oregon surrogacy attorney for legal advice on the current state of surrogacy in Oregon.
