Oregon enacts new laws governing gestational surrogacy agreements and parentage

Oregon's Senate Bill 163, introduced on April 17, 2025, is set to reshape the landscape of gestational surrogacy in the state, aiming to clarify legal parentage and streamline the surrogacy process. The bill addresses critical issues surrounding the rights and responsibilities of intended parents and surrogates, ensuring that agreements are upheld even in the event of a divorce or separation.

One of the bill's key provisions establishes that intended parents remain legally recognized as parents of a child conceived through assisted reproduction, regardless of any changes in their marital status. This provision is designed to protect the rights of parents and the welfare of children born through surrogacy, providing a clear legal framework that supports family stability.

The bill also includes measures to keep surrogacy agreements confidential, allowing only specific parties access to related documents. This is intended to protect the privacy of all involved, particularly the children conceived through these agreements. Additionally, it grants courts exclusive jurisdiction over matters related to these agreements for a period following the birth, ensuring that legal disputes can be resolved efficiently.

However, the bill has sparked debates among lawmakers and advocacy groups. Critics argue that while the bill provides necessary protections, it may also lead to potential exploitation of surrogates, particularly if financial incentives are not adequately regulated. Supporters, on the other hand, emphasize the importance of clear legal definitions and protections for all parties involved in surrogacy arrangements.

The implications of Senate Bill 163 extend beyond legal clarity; they touch on social and ethical considerations surrounding assisted reproduction. Experts suggest that as surrogacy becomes more common, legislation like this is crucial in addressing the evolving dynamics of family structures in modern society.

As the bill moves through the legislative process, its outcomes could significantly impact how surrogacy is practiced in Oregon, potentially setting a precedent for other states to follow. With ongoing discussions and potential amendments, the final version of Senate Bill 163 will likely reflect a balance between protecting the rights of intended parents and ensuring the welfare of surrogates and children alike.