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Surrogacy in Portland, Oregon

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Surrogacy is a family-building option in which a woman carries a child to term for another woman or couple. It is a popular option for women with recurrent miscarriages, or those who do not have a uterus or have anomalies of the uterus, and for gay couples.

You can choose to use either a traditional surrogate or a gestational surrogate. A traditional surrogate is inseminated by sperm, which fertilizes her own eggs. The child will then be related to the surrogate. With gestational surrogacy, the surrogate is implanted with an embryo, so the child is not biologically related to her.

Surrogacy Laws in Oregon

Oregon does not have any specific surrogacy laws, but it appears as if surrogacy agreements are legal in the state. However, it also seems as if these surrogacy agreements must be uncompensated.

The Oregon law dealing with surrogacy agreements can be found in the Oregon Administrative Rules under the Department of Human Services, Children, Adults and Families Division: Child Welfare Programs. In this law, the rules against buying and selling a person are exempt for “fees or services in an adoption pursuant to a surrogacy agreement.”

This appears to support the 1989 opinion issued by the Attorney General. The opinion states that the court can invalidate a surrogacy agreement if the surrogate is compensated for her role.

In Oregon, gay and lesbian couples can jointly adopt a child, though the issue of LBGT surrogacy agreements have not yet been raised to courts.

Portland Surrogacy Agencies

Some couples who have decided on surrogacy choose to work with a surrogacy agency. A surrogacy agency matches up prospective parents with a surrogate, who is required to under physical and psychological examinations before the process can begin.

The following surrogacy agencies work with Portland residents:

  • Future Families NW, LLC
  • Northwest Surrogacy Center (NWSC), LLC
  • Surrogacy Dreams

Surrogacy is very complex legally, so before you begin the surrogacy process, talk with a lawyer who specializes in reproductive law.