Oregon updates gestational surrogacy laws to protect parental rights

On April 17, 2025, the Oregon State Legislature introduced Senate Bill 163, a significant piece of legislation aimed at clarifying and regulating gestational surrogacy agreements in the state. This bill seeks to address the complexities surrounding parental rights and responsibilities for children conceived through assisted reproduction, particularly in the context of surrogacy.

The primary purpose of Senate Bill 163 is to establish a clear legal framework for gestational surrogacy agreements, ensuring that intended parents can secure their parental rights immediately upon the birth of the child. Key provisions include allowing intended parents to petition the court for a judgment that recognizes them as the legal parents, while simultaneously declaring that the surrogate and her spouse are not the child's parents. This legal clarity is designed to protect the rights of all parties involved and streamline the process of establishing parentage.

Notably, the bill also emphasizes the confidentiality of court records related to these agreements, aiming to protect the privacy of the child and the parties involved. Additionally, it outlines the remedies available in cases of breach of contract, although it specifies that certain personal decisions regarding pregnancy cannot be enforced through specific performance.

The introduction of Senate Bill 163 has sparked discussions among lawmakers, legal experts, and advocacy groups. Supporters argue that the bill is a necessary step toward modernizing Oregon's family law and providing clarity for families utilizing surrogacy. Critics, however, raise concerns about the potential commodification of childbirth and the ethical implications of surrogacy arrangements.

The implications of this legislation extend beyond legal technicalities; it touches on social and economic aspects of family planning in Oregon. As surrogacy becomes an increasingly common option for families, the bill could influence the accessibility and affordability of these services, impacting many residents' decisions about parenthood.

As the legislative process unfolds, stakeholders will be closely watching the debates surrounding Senate Bill 163. The outcome could reshape the landscape of family law in Oregon, providing clearer pathways for intended parents while addressing the rights and responsibilities of surrogates. The bill's progress will be a critical indicator of how the state balances the interests of all parties involved in gestational surrogacy arrangements.