ORS 109.238: Parentage under gestational surrogacy agreement; challenge when child is alleged to be genetic child of gestational surrogate.

(1) Except as otherwise provided in subsection (3) of this section or ORS 109.240 (2) or 109.244, on birth of a child conceived by assisted reproduction under a gestational surrogacy agreement, each intended parent is, by operation of law, a parent of the child. (2) Except as otherwise provided in subsection (3) of this section or ORS 109.244, neither a gestational surrogate nor the surrogate’s spouse or former spouse, if any, is a parent of the child. (3)(a) If a child is alleged to be a genetic child of the individual who agreed to be a gestational surrogate, the court: (A) Shall order genetic testing of the child as provided in ORS 109.181 to 109.203; or (B) Upon the joint request of the individual and the intended parent or parents, shall admit a report of genetic testing as evidence of the truth of the facts asserted in the report if the parties voluntarily consent to genetic testing that complies with ORS 109.181 to 109.203. (b) If the individual is presumed to be a genetic parent of the child as provided in ORS 109.191, the child is not a child conceived by assisted reproduction under a surrogacy agreement for purposes of establishing parentage of the child under ORS 109.065. (4) Except as otherwise provided in subsection (3) of this section or ORS 109.240 (2) or 109.244, each intended parent of a child conceived by assisted reproduction under a gestational surrogacy agreement is a parent of the child if, due to a clinical or laboratory error, the child is not genetically related to an intended parent or to a donor who donated to the intended parent or parents, subject to any other claim of parentage. [2025 c.592 §70]