Oregon Surrogacy Laws


With so many different family planning options available to intended parents today, it is important now more than ever to have a grasp of the legalities concerning surrogacy. It is necessary to understand Oregon’s surrogacy laws to help you decide whether surrogacy is the best path for you to help you achieve your dream of building a family.

Elevate Baby is a surrogacy agency helping intended parents understand all the various laws in place regarding surrogacy journeys in Oregon. This is a crucial step to ensure that intended parents feel comfortable as they embark on this exciting journey to build a family. We want your surrogacy journey to be as stress-free as possible, and we will go above and beyond to make sure we can help in any way possible.

What Are the Types of Surrogacy That Are Legal in Oregon?

In the state of Oregon, there are very few laws that explicitly allow or prohibit any act associated with surrogacy. In fact, the only statute regarding surrogacy in Oregon is ORS 109.239-109.247. This statute outlines the parties who are and who are not legally responsible for a child resulting from assisted reproduction like surrogacy or egg donation. This statute details that donors are not to be held legally responsible for any children born from embryos created using their genetic material. 

As a result of the lack of laws regarding surrogacy in the state, this means that both types of surrogacy, traditional and gestational, are technically considered to be legal. 

What Is Traditional Surrogacy?

Traditional surrogacy allows the woman who carried the child for the intended parents to have a genetic link to the baby. While this type of surrogacy is not legal in many states, there are no specific laws or statutes prohibiting traditional surrogacy in the state of Oregon. 

What Is Gestational Surrogacy?

Gestational surrogacy is when the woman who will carry and birth the child for intended parents has no genetic link to the child. Gestational surrogacy offers intended parents who are unable to carry a child themselves the unique opportunity to have a genetic link to the child.  They are able to use their own egg or sperm and create an embryo via in vitro fertilization (IVF) that will be implanted into the surrogate.

There are no specific laws regulating gestational surrogacy in Oregon. Therefore, this form of surrogacy is also legal in the state. When you work with Elevate Baby, we only offer gestational surrogacy options to the intended parents we help.

What Are the Legal Requirements to Become a Surrogate in Oregon?

Even though there are not many clear laws regulating surrogacy in Oregon, there are still legal requirements set forth by the state that the women who wish to become surrogate mothers must meet. At Elevate Baby, you can be assured that all of the surrogate mothers we work with are screened prior to being matched with intended parents to ensure they meet these initial requirements.

In Oregon, the requirements that women must meet to become a surrogate mother are:

  • Surrogate mothers must be between the ages of 21 and 40
  • Surrogates should have given birth without complications at least once before
  • Surrogates should have given birth no more than five times, or by Cesarean no more than twice
  • Surrogates mothers must be non-smoking, and this also includes no exposure to second-hand smoke
  • Surrogates mothers in Oregon must have a BMI range of about 19 to 32
  • Surrogates must be a permanent resident of the United States
  • Surrogates must submit to a full background check
  • Surrogates should not be currently receiving any government financial aid
  • Surrogates should be able to commit to and travel to all surrogacy and pregnancy-related appointments for up to one year
  • Surrogates should have the commitment and support of their spouse,partner, or other support person or community to the surrogacy journey 

If you have any further questions regarding the requirements that surrogates must meet before they are eligible to be matched with intended parents through our Oregon surrogacy agency, contact our team at Elevate Baby today for more information.

Learn More About Surrogacy in Oregon With Elevate Baby

At Elevate Baby, we have years of experience helping intended parents understand every aspect of surrogacy in Oregon. Surrogacy offers intended parents the exciting chance to build a family and we are proud to be a part of that journey. Our surrogacy agency in Oregon is passionate about serving all of our intended parents with the same concierge-level service to ensure that their surrogacy journeys are joyful and fulfilling. 

Contact us today for more information regarding surrogacy laws in Oregon by calling (323) 933-8918 or filling out our contact form

Getting Started

Whether you are interested in surrogacy or egg donation as an intended parent or potential donor, the process can be one of the most rewarding experiences of your life. Begin your journey today!