Surrogacy in Oregon: Laws, Parentage Orders, Costs & Requirements

Oregon has a quiet reputation in the surrogacy community: the state where the process tends to "just work." That reputation was built over decades through consistent court practice — and as of January 1, 2026, it is also formal statute. SB 163 (2025 Oregon Laws Chapter 592) codifies what Oregon courts have done for years: gestational surrogacy agreements are enforceable, parentage judgments (Oregon's official term for "pre-birth orders") are issued electronically without a hearing, and Intended Parents are recognized regardless of marital status, sexual orientation, or genetic connection to the child. A second phase of the statute, covering vital-records and birth-registration updates, becomes operative January 1, 2027 (covered in Field 5).

How Oregon shows up in Ivy journeys

• Oregon-resident Intended Parents who want to keep the journey local: local IVF (often through OHSU, ORM, or another Portland-area clinic), an Oregon-based surrogate, and delivery at an Oregon hospital.
• Cross-state matches — the more common pattern: Intended Parents (domestic or international) doing IVF in California are matched with an Oregon-based surrogate that Ivy has identified for them. The surrogate flies to the IVF clinic for medical clearance and embryo transfer, then returns home for prenatal care and delivery. The legal phase is handled by Oregon attorneys in Oregon courts.

Oregon is a particularly strong fit when

• You're an international Intended Parent. Oregon's parentage-judgment process is electronic and hearing-free.
• You're an LGBTQ+ couple or single parent. The new statute explicitly recognizes Intended Parents regardless of marital status or sexual orientation.
• You're using donor eggs, donor sperm, or donor embryos. Oregon handles these cases regularly. When neither Intended Parent has a genetic connection to the child, venue selection becomes important, and an experienced Oregon attorney will recommend the right county.

Where Oregon is less of a fit

• Traditional (genetic) surrogacy. Oregon allows it, but the legal pathway is materially different from gestational surrogacy and may involve post-birth proceedings, including adoption or other parentage steps. Ivy Surrogacy does not recommend or facilitate traditional surrogacy.

As of January 1, 2026, Oregon has a dedicated statutory framework for gestational surrogacy. Before 2026, Oregon was already considered surrogacy-friendly because courts routinely issued parentage judgments — but the new law (SB 163, codified as 2025 Oregon Laws Chapter 592) now formalizes those practices and adds clear statutory rules.

A two-stage rollout

Chapter 592 is being phased in:

• January 1, 2026 (now in effect) — the gestational surrogacy core provisions, codified at ORS 109.222 to 109.244, became operative. These cover surrogacy agreement requirements, gestational surrogate eligibility, court procedures for parentage judgments, and the repeal of older statutes such as ORS 109.239 (which is no longer the applicable law).
• January 1, 2027 (upcoming) — specific vital-records and birth-registration amendments become operative. These affect how Oregon hospitals and the Center for Health Statistics handle the birth record itself (see Field 5 for what this means in practice).

What is in effect today (2026)

• Gestational surrogacy agreements must be in writing, executed before any related medical procedure, and each party must have independent legal counsel of their own choosing. Oregon courts treat properly executed agreements as enforceable.
• Parentage judgments are issued by circuit courts. Filings remain electronic, and no party or attorney is required to appear in person.
• Venue is flexible. Cases can be filed where the Intended Parents reside, where the surrogate resides, or where delivery is planned. Intended Parents are not required to be Oregon residents.
• Compensated surrogacy is permitted, with compensation set in the surrogacy agreement.
• Donor non-parentage is now recognized for a wider range of family structures than under the prior, narrower ORS 109.239 (which has been repealed).

When at least one Intended Parent is genetically related to the child, Oregon courts reliably issue pre-birth parentage judgments. When neither Intended Parent has a genetic connection, judgments are usually still available, but outcomes can vary by county, and an experienced Oregon attorney will help select the appropriate venue.

What changes on January 1, 2027

The 2027 phase is a vital-records and donor-registry update:

• ORS 432.088, 432.093, and 432.098 (birth-registration and voluntary acknowledgment of parentage) take their second-stage form, intended to align hospital and Vital Records workflows with the surrogacy provisions already in effect since 2026.
• A statewide donor registry administered by the Oregon Health Authority becomes operational, allowing donor-conceived individuals to access registry information at age 18.
• Subsequent amendments to ORS 109.067 and 109.070 (parentage presumption and acknowledgment) take effect.

The exact day-to-day impact on hospital practice will depend on Oregon Health Authority rule updates and how individual hospital systems implement the new vital-records workflow.

Oregon works for several distinct Intended Parent profiles, and the practical journey looks slightly different for each.

Who Oregon fits, in practice

• Oregon-resident IPs — the most self-contained version of the journey: local IVF, local surrogate, local hospital, local court. Most steps happen within an hour of home.
• Domestic IPs in California or another state, matched with an Oregon surrogate — the most common cross-state pattern Ivy handles. You do IVF in California (or your home state); the surrogate flies to your IVF clinic for medical clearance and embryo transfer, then returns to Oregon for prenatal care and delivery. Your Oregon attorney files the parentage judgment in Oregon.
• International IPs — Oregon's hearing-free, electronic parentage judgment process is well-suited to international families. You don't need to travel to Oregon for the legal phase. Travel to Oregon usually happens around the delivery, with a stay long enough to complete the post-birth steps (see Field 5 on the birth certificate amendment).

The cross-state journey, step by step

For the most common Ivy pattern — IPs doing IVF in California with an Oregon surrogate — the high-level coordination looks like this:

1. Match in Oregon — Ivy shares Oregon-based surrogate profiles before you sign anything; you choose the surrogate before retaining Ivy.
2. Medical screening at your CA IVF clinic — the surrogate travels to California for screening; Ivy's agency fee is collected only after she passes.
3. Embryo transfer in California — single trip, typically 5–10 days.
4. Prenatal care in Oregon — the surrogate stays close to home through the pregnancy.
5. Parentage judgment filed in Oregon — handled electronically by your Oregon attorney; no travel required.
6. Delivery in Oregon — IPs travel to Oregon around the due date.
7. Birth certificate amendment — handled with Oregon Vital Records after birth (see Field 5 for details).

Timeline

A typical Oregon journey takes 14 to 20 months from signed retainer to birth, depending on matching speed and pregnancy progression. The legal phase itself (parentage judgment) is among the fastest in the country — usually 2 to 4 weeks from filing to a signed judgment.

How Ivy works differently in Oregon

• Surrogate profiles before you sign anything — Before you sign a Retainer Agreement or pay an agency fee, Ivy shares actual pre-screened surrogate profiles. You review background, medical history, prior pregnancies, personality, and preferences before deciding to engage Ivy. Details: How Ivy's process works.
• Agency fee collected only after medical screening passes — not at retainer signing or match meeting. If the surrogate doesn't pass the IVF clinic's full medical screening, the agency fee isn't owed and we rematch at no additional cost. Details: Agency fee structure.

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Oregon's total surrogacy cost is broadly comparable to other West Coast states — somewhat below California, broadly in line with Washington. The figures below assume a typical journey: embryos are already created, single transfer, singleton birth.

Typical total cost for Intended Parents: approximately $140,000

This figure includes:

• Agency fee
• Surrogate compensation — base pay (~$40,000 for a first-time surrogate) plus standard allowances and milestone payments. Full breakdown in Field 8 (Surrogate Pay).
• Legal fees (both sides — IPs' counsel and the surrogate's independent counsel)
• Psychological evaluation
• Escrow administration
• Surrogate's maternity health insurance — typically a surrogacy-compatible ACA policy that the Intended Parents purchase for the surrogate. If the surrogate's existing health insurance permits surrogacy use, that policy is used instead. All of the surrogate's pregnancy-related medical costs run through this policy.
• Life insurance policy for the surrogate
• Travel for the surrogate to and from the IVF clinic
• Routine pregnancy-related out-of-pocket expenses

What's not included

• Your own IVF cycle — egg retrieval, embryo creation, PGT-A testing. These are billed by your IVF clinic separately.
• Donor gametes or donor embryos — if your journey uses an egg donor, sperm donor, or donor embryo, those costs are separate.
• Optional add-ons — for example, gender selection, expedited matching, or specific surrogate preferences that narrow the pool may carry additional fees.

How Oregon compares to California and Washington

Oregon's total cost lands a few thousand dollars below California and broadly in line with Washington. The largest line-item differences are:

• Surrogate base compensation — about $40,000 in Oregon for a first-time surrogate, vs. typical California ranges that are several thousand dollars higher.
• Legal fees — slightly lower in Oregon than in California; comparable to Washington.
• Agency fees — broadly similar across the three states for full-service agencies.

The cost difference is not a quality difference. Oregon surrogates working through established agencies meet the same medical and psychological screening standards as California surrogates, and Oregon's legal framework — now formalized under Chapter 592 since January 1, 2026 — is among the most predictable in the country.

Why Oregon is below California

The driver is cost of living, not service quality. Oregon's overall cost of living is lower than most of California, and surrogate compensation markets reflect that. For Intended Parents who don't have a specific reason to be in California, an Oregon surrogate often delivers the same medical and legal outcome at a meaningfully lower total cost.

Pre-birth parentage judgment process

1. Contract in place — The Gestational Surrogacy Agreement (GSA) is signed before embryo transfer. Each side is represented by independent Oregon reproductive law counsel; the surrogate's legal fees are paid by the Intended Parents. As of 2026, the written agreement and pre-medical-procedure execution are statutory requirements under Chapter 592, not just best practice.
2. Pregnancy confirmed — After embryo transfer, the pregnancy is confirmed by beta hCG and ultrasound (heartbeat typically confirmed around 6–7 weeks gestation).
3. Petition filed — Usually in the second or early third trimester, the Intended Parents' Oregon attorney files the parentage judgment petition in a circuit court. Venue can be the planned delivery county, the surrogate's county, or the Intended Parents' county.
4. Electronic filing, no hearing — Petition and supporting documents are filed electronically. No party or attorney needs to appear.
5. Judgment signed — The court issues a judgment declaring the Intended Parents as the legal parents of the unborn child. Enforcement is stayed until birth.
6. Baby is born — The Intended Parents take their child home from the hospital.

⚠️ The Oregon quirk: the hospital birth record ≠ the certified birth certificate

This is where Oregon currently differs from most surrogacy-friendly states, and it's something many Intended Parents aren't told upfront.

Current practice (in effect through end of 2026, until the 2027 vital-records updates take operation)

When the baby is born, the Oregon hospital follows its standard birth-registration workflow and lists the surrogate on the report of live birth — even though the parentage judgment has already been signed. The judgment legally establishes the Intended Parents as the legal parents, but Oregon Vital Records cannot rewrite the registration without an amendment filing.

To obtain the certified birth certificate naming the Intended Parents (i.e., the version Vital Records will issue from that point forward), an amendment must be filed with the Oregon Center for Health Statistics after the birth. Required materials:

• Court-certified copy of the parentage judgment
• Legal Parent Information Sheet (Form 45-20) — providing the child's information and the Intended Parents' legal-parent details
• Photocopy of the requestor's ID
• Fees: $35 amendment fee + $25 per certified birth certificate + optional $30 expedite fee

Once Vital Records receives the complete package, the amended certified birth certificate naming the Intended Parents is issued. The original record listing the surrogate is then sealed — any future request returns only the amended version.

Processing time

• Standard: about 6 weeks
• Expedited ($30): about 3 business days

Who handles this

This step is typically coordinated by your Oregon reproductive law attorney or your agency. It's especially important for international Intended Parents, since the certified birth certificate is required for consular registration of the child's citizenship and for passport applications.

What changes on January 1, 2027

Chapter 592 amends ORS 432.088 to make explicit that, under a surrogacy agreement, the Intended Parents are the child's parents at the time of birth, and that the surrogate's information is reported separately as required by the State Registrar. The 2027 vital-records updates are expected to streamline the birth-record process for surrogacy cases. However, the exact hospital workflow — and whether an amendment packet is still required in some situations — will depend on Oregon Health Authority rules and how individual hospitals implement the new system. We'll know more as 2027 approaches.

If you live in Oregon and are considering becoming a surrogate, Oregon offers some of the strongest legal protections in the country, especially since the new statutory framework took effect on January 1, 2026.

• Statutory protections — Chapter 592 sets out written-form requirements, your right to independent legal counsel, your medical decision-making authority during the pregnancy, and a clear pathway for the Intended Parents' parentage to be established.
• Independent legal counsel — Your attorney is paid for by the Intended Parents but represents your interests exclusively, fully independent from the IPs' counsel.
• Medical autonomy — The surrogacy agreement explicitly sets out your decision-making rights over your body and pregnancy.
• Local prenatal care and delivery — Even if the Intended Parents live out of state or abroad, you stay close to home for prenatal care and delivery.

Ivy Surrogacy works with first-time and experienced surrogates in Oregon. Our application process is built around making sure you fully understand the journey, your rights, and your compensation before deciding to proceed to matching.

Apply to become a surrogate →

As of January 1, 2026, Oregon has statutory eligibility requirements for gestational surrogates under Chapter 592. These largely codify what reputable agencies and IVF clinics already required, so candidates who meet Ivy Surrogacy's existing screening also meet the statutory criteria.

Statutory baseline (Chapter 592, in effect January 1, 2026)

• Age 21 or older
• Has previously given birth to at least one child
• Completes a medical evaluation
• Completes a mental health consultation
• Is represented by independent legal counsel of her own choosing

Ivy Surrogacy's full screening criteria for Oregon-based surrogates

Building on the statutory baseline, Ivy applies additional screening that mirrors ASRM guidelines and IVF clinic norms:

• Age: 21 to 36
• Prior pregnancy history: Has given birth to at least one child of her own, with no major complications, and is currently parenting at least one child
• BMI: Within the destination IVF clinic's accepted range — typically 19–32
• Health: Non-smoker, no recent illicit drug use, stable mental health, no recent major obstetric complications
• Legal status: U.S. citizen or lawful permanent resident, living stably in the United States
• Support system: Stable home environment, ideally with a partner or close family member who supports the surrogacy

Before matching, every candidate completes the IVF clinic's full medical workup (uterine evaluation, infectious-disease screening) and a psychological evaluation, and is represented by her own independent Oregon reproductive law attorney, paid for by the Intended Parents.

Base compensation for first-time surrogates: approximately $40,000

Paid in monthly installments over the course of the pregnancy.

Beyond base compensation, Oregon surrogates typically receive standard allowances and milestone payments set in the surrogacy agreement:

• Monthly allowance
• Maternity-clothing allowance
• Travel and meal reimbursements
• Start-of-injectable-medications payment
• Embryo-transfer payment
• Procedure-related compensation (C-section, multiples, bed rest, D&C, etc.)

Second-time and third-time surrogates typically earn higher base compensation.

Why $40,000 is below California's number

Oregon's overall cost of living is lower than most of California, and the surrogate compensation market reflects that. It is not a reflection of quality — Oregon surrogates working with established agencies meet the same medical and psychological screening standards as California surrogates.

Most of the Intended Parents Ivy serves do their IVF in California; when matched with an Oregon surrogate, the surrogate flies to California for medical clearance and embryo transfer. If you plan to do IVF in Oregon, the Portland metro has several established reproductive medicine centers:

• ORM Fertility (Oregon Reproductive Medicine) — Two locations (Portland and Tigard), one of the largest fertility centers in Oregon, with a sizable physician team and well-established LGBTQ+ family-building support.
• Spring Fertility — Portland — San Francisco-headquartered Spring Fertility opened a Portland clinic in 2024, with a collaboration arrangement involving OHSU Fertility.
• OHSU Fertility Consultants — Affiliated with Oregon Health & Science University, an academic medical center.
• Oregon Fertility Institute — A smaller independent practice led by Dr. Aimee Chang.

Whichever clinic you choose for IVF, the legal phase is unaffected — the parentage judgment is handled by an Oregon reproductive law attorney in an Oregon court, independent of the IVF clinic.

Key Oregon resources involved in a surrogacy journey:

Certified birth certificate issuance and amendment

The Oregon Health Authority — Center for Health Statistics issues certified birth certificates and processes the post-judgment amendment for surrogacy cases.

• Website: oregon.gov/oha/ph/birthdeathcertificates
• Mail: PO BOX 14050, PORTLAND OR 97293-0050
• Walk-in: 800 NE Oregon Street, Suite 205, Portland, OR 97232 (self-service kiosks; Mon–Fri 9:00–16:00)
• Amendments contact: CHS.Amendments@oha.oregon.gov / 971-673-1147

Legal texts

• 2025 Oregon Laws Chapter 592 / SB 163 full text: oregonlegislature.gov/bills_laws/lawsstatutes/2025orlaw0592.pdf
• ORS Chapter 109 (Parent and Child Rights and Relationships) — including the new gestational surrogacy provisions at ORS 109.222–109.244: oregonlegislature.gov/bills_laws/ors/ors109.html
• ORS 432.088 (birth registration rules) — note that the second-stage amendments to this section become operative January 1, 2027: oregon.public.law/statutes/ors_432.088

Common venue counties for parentage petitions

Multnomah County (Portland), Washington County, and Clackamas County — together covering the Portland metro area, where most Oregon parentage petitions are filed.