ORS 109.228 Effect of subsequent change of marital status

Unless a gestational surrogacy agreement expressly provides otherwise, after the agreement is signed by all of the parties:

The subsequent marriage of a surrogate does not affect the validity of the agreement, the consent of the surrogate’s new spouse to the agreement is not required and the surrogate’s new spouse is not a presumed parent of a child conceived by assisted reproduction under the agreement; and

The subsequent dissolution, annulment or legal separation of the surrogate does not affect the validity of the agreement.

Unless a gestational surrogacy agreement expressly provides otherwise, after the agreement is signed by all of the parties:

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

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.

Nothing in this section prohibits the parties before an embryo transfer that results in the agreed upon pregnancy from jointly amending the existing agreement.