ORS 109.240 Parentage of deceased intended parent

ORS 109.238 applies to an intended parent even if the intended parent dies during the period between the transfer resulting in a pregnancy and the birth of the child.

Except as otherwise provided in ORS 109.244, an intended parent who dies before the transfer resulting in a child conceived by assisted reproduction under a gestational surrogacy agreement is the child’s parent only if:

The agreement provides that the intended parent would be the parent of a child conceived by a transfer occurring after the intended parent’s death; and

The transfer occurs not later than 24 months after the death of the intended parent.