ORS 109.206: Adjudicating parentage of child of assisted reproduction, other than under surrogacy agreement.

(1) Except as provided in subsection (2) of this section, a proceeding under ORS 109.206 to 109.218 to adjudicate the parentage of a child conceived by assisted reproduction, other than under a surrogacy agreement, may be commenced by: (a) An alleged intended parent; (b) The parent who gave birth to the child; or (c) The child’s presumed parent. (2) If the child was conceived by assisted reproduction, other than under a surrogacy agreement, the parentage of an individual who is the child’s presumed parent may be challenged under this section: (a) By the parent who gave birth to the child and the child’s presumed parent; (b) If the parent who gave birth to the child and the child’s presumed parent are married and cohabiting, by any person with standing under subsection (1) of this section if the parent who gave birth to the child and the child’s presumed parent both consent to the challenge; or (c) If the parent who gave birth to the child and the child’s presumed parent are no longer married and cohabiting, by any person with standing under subsection (1) of this section. (3)(a) The court shall adjudicate an individual’s parentage of a child in a proceeding commenced under this section as provided in ORS 109.206 to 109.218. (b) If the child was conceived by assisted reproduction, other than under a surrogacy agreement, and a person other than the individual or the parent who gave birth to the child is a parent under ORS 109.206 to 109.218, the court shall adjudicate the individual’s parentage of the child under ORS 109.151. (4) Nothing in this section prohibits an individual from asserting a claim to or commencing an action to adjudicate the parentage of a child conceived by assisted reproduction, other than under a surrogacy agreement, under ORS 109.067, 109.070 or 109.072, as applicable. [2025 c.592 §55] 109.206. (1) Except as provided in subsection (2) of this section, a proceeding under ORS 109.206 to 109.218 to adjudicate the parentage of a child conceived by assisted reproduction, other than under a surrogacy agreement, may be commenced by: (a) An alleged intended parent; (b) The parent who gave birth to the child; (c) The child’s presumed parent; or (d) The child’s acknowledged parent. (2) If the child was conceived by assisted reproduction, other than under a surrogacy agreement, the parentage of an individual who is the child’s presumed parent or acknowledged parent under ORS 109.070 (1)(a)(B) may be challenged under this section: (a) By the parent who gave birth to the child and the child’s presumed parent or acknowledged parent; (b) If the parent who gave birth to the child and the child’s presumed parent or acknowledged parent are married and cohabiting, by any person with standing under subsection (1) of this section if the parent who gave birth to the child and the child’s presumed parent or acknowledged parent both consent to the challenge; or (c) If the parent who gave birth to the child and the child’s presumed parent or acknowledged parent are no longer married and cohabiting, by any person with standing under subsection (1) of this section. (3)(a) The court shall adjudicate an individual’s parentage of a child in a proceeding commenced under this section as provided in ORS 109.206 to 109.218. (b) If the child was conceived by assisted reproduction, other than under a surrogacy agreement, and a person other than the individual or the parent who gave birth to the child is a parent under ORS 109.206 to 109.218, the court shall adjudicate the individual’s parentage of the child under ORS 109.151. (4) Nothing in this section prohibits an individual from commencing an action to adjudicate or asserting a claim to the parentage of a child conceived by assisted reproduction, other than under a surrogacy agreement, under ORS 109.067, 109.070 or 109.072, as applicable.