Oregon Code § 109.228·Enacted ·Last updated March 01, 2026
Statute Text
Effect
of subsequent change of marital status.
(1) Unless a gestational surrogacy agreement
expressly provides otherwise, after the agreement is signed by all of the
parties:
(a) The
subsequent marriage of a surrogate does not affect the validity of the
agreement, the consent of the surrogates new spouse to the agreement is not
required and the surrogates new spouse is not a presumed parent of a child
conceived by assisted reproduction under the agreement; and
(b) The
subsequent dissolution, annulment or legal separation of the surrogate does not
affect the validity of the agreement.
(2) Unless a
gestational surrogacy agreement expressly provides otherwise, after the
agreement is signed by all of the parties:
(a) The marriage
of an intended parent does not affect the validity of a surrogacy agreement,
the consent of the new spouse of the intended parent is not required and the
new spouse of the intended parent is not, based on the agreement, a parent of a
child conceived by assisted reproduction under the agreement; and
(b) The
dissolution, annulment or legal separation of an intended parent does not
affect the validity of the agreement and unless the agreement is terminated
under ORS 109.236, the intended parents are the parents of any child conceived
by assisted reproduction under the agreement.
(3) Nothing in
this section prohibits the parties before an embryo transfer that results in
the agreed upon pregnancy from jointly amending the existing agreement. [2025
c.592 §66]
Note:
See note under 109.222.
Plain English Explanation
This Oregon statute addresses Effect
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Key Points
01Part of Oregon statutory law
02Referenced as Oregon Code § 109.228
03Subject to legislative amendments
04Consult a licensed attorney for application to specific cases
Frequently Asked Questions
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