Oregon just replaced years of informal court practice with a brand-new, comprehensive surrogacy law.
Is surrogacy legal in Oregon?
Yes. As of January 1, 2026, Oregon has a new, detailed surrogacy law that replaced an older, less specific set of rules. It covers married, unmarried, and single , regardless of gender or genetic connection to the baby.
Can a surrogate be paid?
Yes. Oregon's law lets a surrogate be paid for her time, effort, and the physical demands of pregnancy — not just costs.
Because this law is brand new, it's worth confirming the latest requirements with an Oregon surrogacy attorney, but generally the needs to be signed before the , and the surrogate keeps the right to make her own medical decisions throughout the pregnancy.
How do intended parents become the legal parents?
Oregon allows a , and in most cases it's handled electronically without anyone needing to appear in court. Once the judgment is entered, the intended parents are the legal parents from birth. Same-sex parents are listed as "Parent 1" and "Parent 2" on the birth certificate.
A few practical things to know
- Brand-new law: Oregon's current framework only took effect January 1, 2026, so double-check the latest details with an attorney.
- Who's covered: no marital-status or genetic-connection requirement for intended parents.
- Fast birth certificates: an expedited option is available for a small fee.
- Cost: this varies based on the agency, clinic, and surrogate's . See the cost calculator guide for a fuller breakdown.
- Insurance: the surrogate's pregnancy has its own set of insurance questions, separate from the legal process above — see the Oregon insurance guide linked below.
This isn't legal advice
This page is here to help you learn the basics — it isn't legal advice. Oregon's law is brand new, so it's worth getting the most current details from an attorney.
Before signing any surrogacy agreement, talk to a lawyer who specializes in reproductive law in Oregon. A licensed attorney hasn't reviewed this specific page yet, so please treat it as a helpful starting point for your own research, not a final legal answer.