Gestational Surrogacy is permitted because no statute or published case law prohibits it.
Do courts grant pre-birth parentage orders? Yes. (Courts grant “judgments” in Oregon.)
Can both Intended Parents be declared the legal parents in a pre-birth order if at least one parent is genetically related to the child?
Can both Intended Parents be declared the legal parents in a pre-birth order if no parent is genetically related to the child?
What are the bases for venue? For parentage orders, there is no specific venue requirement. The parties consent to and waive any objection to venue. For adoption, there is a statutory venue requirement: Venue lies in the county in Oregon with which the child has the most significant connection.
Do results vary by venue? Possibly, particularly for parentage orders when there is no genetic connection. It is therefore in the parties’ best interest to work with an experienced surrogacy attorney who knows where to file to obtain a favorable ruling.
Are motions for venue accepted? Motions for venue are not necessary for parentage petitions, because the parties can consent, or waive any objections, to venue.
Is a hearing required to obtain a pre-birth order? No. The parentage order documents are filed with the court electronically and no personal appearance by any party or attorney is required.
Is a pre-birth order possible in Oregon based on a Gestational Carrier’s plan to deliver in Oregon, if no party lives in Oregon? Possibly, but will not take effect unless and until the child is born in Oregon.
Will Oregon Vital Records honor a pre-birth order from another state? Yes, most likely. A court-certified copy of the Pre-Birth Order/Judgment must be provided to Oregon Vital Records after the child is born.
Will Vital Records honor a second parent adoption order from another state and add the second parent to the birth certificate? Yes
What is the typical time frame to obtain a birth certificate after delivery? For an additional $30.00 expedite fee, Oregon Vital Records will process and issue the birth certificate in 3 business days, provided the required documents and fees are delivered by messenger to Vital Records.
How are same-sex parents named on the final birth certificate? Parent 1 and Parent 2
Can an international same-sex male couple obtain an initial birth certificate naming the biological father and Gestational Carrier? Possibly, under some circumstances, depending on the facts of the case. An attorney should be consulted prior to proceeding if this kind of birth certificate is necessary.
Can an international same-sex male couple obtain an initial birth certificate naming the biological father only?
Yes
Can an international same-sex male couple subsequently obtain a birth certificate naming only the biological father and/or both fathers, with no mention of the Gestational Carrier? Yes. An attorney should be consulted prior to proceeding if this kind of birth certificate is necessary.
Can the non-biological parent in a same-sex couple obtain a second parent adoption based solely on the fact that the child was born in Oregon (i.e., neither of the Intended Parents lives in Oregon)? Yes, if the consenting Gestational Carrier has resided in Oregon for at least six months at the time the Petition for Adoption is filed.
Note: This situation typically arises if the child is born outside the state. The parents then return to Oregon to obtain a second parent adoption or stepparent adoption in Oregon.
Will courts in Oregon grant second parent adoptions or stepparent adoptions to heterosexual couples living in Oregon? Yes, so long as they have resided in Oregon for at least six months before filing the petition.
Does the couple need to be married? No
Will courts in Oregon grant second parent adoptions or stepparent adoptions to same-sex couples living in Oregon? Yes, so long as they have resided in Oregon for at least six months before filing the petition.
Does the couple need to be married? No
Is there a statute or published case law that addresses the rights of a donor over the resulting eggs, sperm, embryo or child? Yes, effective January 1, 2018, ORS 109.239 applies to sperm, egg and embryo donation and absolves the donor of any rights or obligations to any resulting child. By its terms, the statute applies only to married heterosexual couples or married women where one of the women gives birth; it does not apply to single parents or two fathers, even if the fathers are married.
Traditional Surrogacy is permitted because no statute or published case law prohibits it. Specifically, if the Traditional Surrogate is not married, the biological father can establish paternity by filing a Joint Acknowledgment of Paternity with the Traditional Surrogate. If the Traditional Surrogate is married, it may be necessary to file a paternity proceeding to establish the biological father as the legal father. In either event, a subsequent second parent adoption will be necessary to establish the spouse or partner as the second legal parent. Alternatively, the intended parents can skip a pre-birth order for one parent, instead choosing a post-birth adoption for both parents.
Robin Elizabeth Pope, Attorney at Law
Beaverton, OR
robin@robinpope.com
www.robinpope.com
(503) 352-3524
Erin Robinson
Lake Oswego, Oregon (Portland Area)
office@attorneyerinrobinson.com
www.attorneyerinrobinson.com
(503) 451-3321
Wolfsong Law PC, Beth S. Wolfsong and Jennifer Wolfsong
Portland, Oregon
bethw@wolfsonglaw.com
www.wolfsonglaw.com
(503) 616-8880
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