ORS 109.224 Execution of gestational surrogacy agreement

A gestational surrogacy agreement must be executed in compliance with the following rules:

At least one party must be a resident of this state;

The transfer that results in the pregnancy must occur in this state; or

The parties must all intend that the child be born in this state.

A gestational surrogate and each intended parent must meet the requirements of ORS 109.222.

Each intended parent, the surrogate and the surrogate’s spouse, if any, must be parties to the agreement.

The agreement must be in writing and signed by each party listed in subsection (3) of this section.

The surrogate and each intended parent must acknowledge in writing receipt of a copy of the agreement.

The signature of each party to the agreement must be made under penalty of perjury or notarized.

The agreement must identify the attorneys the parties have retained to provide legal representation throughout the surrogacy arrangement.

The intended parent or parents must agree to pay for independent legal representation for the surrogate.

The agreement must be executed before a transfer that results in the agreed upon pregnancy.