The Cove state guide
Statutory frameworkOregon's 2025 parentage legislation created a dedicated gestational-surrogacy framework. Current law addresses eligibility, agreements, compensation and parentage, replacing the need to rely solely on older court-practice summaries.
See the rules for your familyYour family. Your legal pathway.
Start with your situation, then read the conditions. A route can depend on marriage, a genetic connection, residence, and how the court establishes each parent’s rights. More than one row may apply to your family.
Oregon's new gestational-agreement framework expressly accommodates one intended parent. A single parent must be at least 21, complete medical and mental-health evaluations and retain counsel. The pathway does not require a genetic connection, but the agreement must satisfy the new law and its Oregon-connection requirements.
Sources 13Oregon's current gestational provisions accommodate one or two intended parents without a marriage condition. Both partners must sign and meet the eligibility requirements. A compliant agreement can establish both as parents at birth, including a non-genetic partner, with a judgment documenting the relationship.
Sources 1Two intended fathers can use Oregon's gestational-agreement framework without marrying or both supplying genetic material. Each must meet the age, evaluation and counsel requirements, and both must be parties. Use the current statute; older descriptions saying Oregon has no surrogacy framework miss its 2025 changes.
Sources 13Two intended mothers using a separate carrier can be recognized under Oregon's current gestational provisions. The agreement identifies the parents and does not condition intended parentage on who supplied the egg. Both must complete the required evaluations and legal process, whether married or unmarried.
Sources 1Oregon permits the necessary state connection through a resident party, the pregnancy-producing transfer in Oregon, or every party's intention that the child be born there. International parents need a documented connection and a compliant agreement. Citizenship, passports and recognition in the home country require separate advice.
Sources 14How to read these answers: “Recognized route” means the cited law or legal practice provides a pathway for that family situation. “Conditions apply” flags an additional eligibility or parentage issue. “Case-specific” means the answer depends on the facts or court practice. “Significant restriction” points to a legal obstacle explained in the answer.
These categories describe legal pathways, not a clinic’s medical criteria or a guaranteed outcome. For transgender or nonbinary parents, counsel should also examine any sex-specific wording and how the planned use of eggs, sperm, or embryos affects the route.
State law provides a gestational surrogacy framework. Eligibility, agreements, payments, and court requirements still differ.
This guide covers gestational surrogacy, where the surrogate does not provide the egg. Traditional surrogacy follows different rules. A state’s category does not determine whether your particular arrangement qualifies.
Oregon's gestational provisions describe one or two intended parents without requiring marriage. Every intended parent, the carrier and any carrier's spouse must be parties. Subsequent marriage or separation has its own statutory rules and should be addressed without assuming it changes intended parentage automatically.
The current framework recognizes intended parentage through the gestational agreement rather than requiring a parent's genetic connection. The carrier does not supply the egg for this route. Document the donor arrangements and each intended parent's consent so the medical and legal records agree.
The agreement needs one of three connections: a resident party, the transfer resulting in pregnancy occurs in Oregon, or all parties intend an Oregon birth. These alternatives can accommodate parents abroad, but counsel should establish the applicable connection before the agreement and transfer.
ORS 109.222–109.244 sets the requirements, including independent counsel and a qualifying Oregon connection. The carrier must have legal representation of their choice paid for by the intended parents.
For agreements covered by the new provisions, intended parentage arises at birth, subject to statutory exceptions, and a judgment can be requested before, on or after birth. The provisions apply to agreements made, amended or restated from September 26, 2025; older agreements need separate review.
A qualifying agreement may provide for consideration and reasonable expenses. It must preserve the carrier's decisions about their health and the pregnancy.
A state’s parentage process and your home country’s recognition of that parentage are separate questions. Before matching, have counsel in both countries confirm the legal route, the child’s citizenship and passport requirements, and the documents needed to return home.
Plan who will obtain certified court orders and birth certificates, whether translations or authentication are needed, and how much time to allow after birth. A favorable state-law answer does not settle immigration or travel requirements.
International parentage recognition: HCCH (opens in a new tab)Learn how Cove helps intended parents explore their options and keep the journey organized.
Explore Cove for parentsSources checked October 13, 2026. Check the source’s effective date as well as its publication date.
General information, not legal advice. Laws and court practices can change. A reproductive-law attorney should confirm the rules for your circumstances before you sign an agreement or begin treatment.
