(1) Except as provided in subsection (2) of this section, a proceeding under ORS 109.206 to 109.218 to adjudicate the parentage of a child conceived by assisted reproduction, other than under a surrogacy agreement, may be commenced by: (a) An alleged intended parent; (b) The parent who gave birth to the child; or (c) The childs presumed parent. (2) If the child was conceived by assisted reproduction, other than under a surrogacy agreement, the parentage of an individual who is the childs presumed parent may be challenged under this section: (a) By the parent who gave birth to the child and the childs presumed parent; (b) If the parent who gave birth to the child and the childs presumed parent are married and cohabiting, by any person with standing under subsection (1) of this section if the parent who gave birth to the child and the childs presumed parent both consent to the challenge; or (c) If the parent who gave birth to the child and the childs presumed parent are no longer married and cohabiting, by any person with standing under subsection (1) of this section. (3)(a) The court shall adjudicate an individuals parentage of a child in a proceeding commenced under this section as provided in ORS 109.206 to 109.218. (b) If the child was conceived by assisted reproduction, other than under a surrogacy agreement, and a person other than the individual or the parent who gave birth to the child is a parent under ORS 109.206 to 109.218, the court shall adjudicate the individuals parentage of the child under ORS 109.151. (4) Nothing in this section prohibits an individual from asserting a claim to or commencing an action to adjudicate the parentage of a child conceived by assisted reproduction, other than under a surrogacy agreement, under ORS 109.067, 109.070 or 109.072, as applicable. Note: The amendments to 109.206 by section 56, chapter 592, Oregon Laws 2025, become operative January 1, 2027. See section 153, chapter 592, Oregon Laws 2025. The text that is operative on and after January 1, 2027, is set forth for the users convenience. 109.206. (1) Except as provided in subsection (2) of this section, a proceeding under ORS 109.206 to 109.218 to adjudicate the parentage of a child conceived by assisted reproduction, other than under a surrogacy agreement, may be commenced by: (a) An alleged intended parent; (b) The parent who gave birth to the child; (c) The childs presumed parent; or (d) The childs acknowledged parent. (2) If the child was conceived by assisted reproduction, other than under a surrogacy agreement, the parentage of an individual who is the childs presumed parent or acknowledged parent under ORS 109.070 (1)(a)(B) may be challenged under this section: (a) By the parent who gave birth to the child and the childs presumed parent or acknowledged parent; (b) If the parent who gave birth to the child and the childs presumed parent or acknowledged parent are married and cohabiting, by any person with standing under subsection (1) of this section if the parent who gave birth to the child and the childs presumed parent or acknowledged parent both consent to the challenge; or (c) If the parent who gave birth to the child and the childs presumed parent or acknowledged parent are no longer married and cohabiting, by any person with standing under subsection (1) of this section. (3)(a) The court shall adjudicate an individuals parentage of a child in a proceeding commenced under this section as provided in ORS 109.206 to 109.218. (b) If the child was conceived by assisted reproduction, other than under a surrogacy agreement, and a person other than the individual or the parent who gave birth to the child is a parent under ORS 109.206 to 109.218, the court shall adjudicate the individuals parentage of the child under ORS 109.151. (4) Nothing in this section prohibits an individual from commencing an action to adjudicate or asserting a claim to the parentage of a child conceived by assisted reproduction, other than under a surrogacy agreement, under ORS 109.067, 109.070 or 109.072, as applicable.
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