ORS 109.222 Eligibility to enter gestational surrogacy agreement

An individual may enter into an agreement to act as a gestational surrogate only if the individual:

Has attained 21 years of age;

Has previously given birth to at least one child;

Has completed a medical evaluation related to the surrogacy arrangement and the medical evaluation was conducted by a licensed health care provider;

Has completed a mental health consultation by a licensed mental health care provider; and

Has retained, at the expense of the intended parent or parents, independent legal representation of the individual’s choice to represent the individual throughout the surrogacy arrangement regarding the terms of the surrogacy agreement and the potential legal consequences of the agreement.

An individual who intends to be a parent of a child conceived by assisted reproduction under a gestational surrogacy arrangement may enter into an agreement with a gestational surrogate if the individual:

Has attained 21 years of age;

Has completed a medical evaluation related to the surrogacy arrangement and the medical evaluation was conducted by a licensed health care provider;

Has completed a mental health consultation by a licensed mental health care provider; and

Has retained legal representation of the individual’s choice to represent the individual throughout the surrogacy arrangement regarding the terms of the surrogacy agreement and the potential legal consequences of the agreement.