(1) An individual may enter into an agreement to act as a gestational surrogate only if the individual: (a) Has attained 21 years of age; (b) Has previously given birth to at least one child; (c) Has completed a medical evaluation related to the surrogacy arrangement and the medical evaluation was conducted by a licensed health care provider; (d) Has completed a mental health consultation by a licensed mental health care provider; and (e) Has retained, at the expense of the intended parent or parents, independent legal representation of the individuals choice to represent the individual throughout the surrogacy arrangement regarding the terms of the surrogacy agreement and the potential legal consequences of the agreement. (2) An individual who intends to be a parent of a child conceived by assisted reproduction under a gestational surrogacy arrangement may enter into an agreement with a gestational surrogate if the individual: (a) Has attained 21 years of age; (b) Has completed a medical evaluation related to the surrogacy arrangement and the medical evaluation was conducted by a licensed health care provider; (c) Has completed a mental health consultation by a licensed mental health care provider; and (d) Has retained legal representation of the individuals choice to represent the individual throughout the surrogacy arrangement regarding the terms of the surrogacy agreement and the potential legal consequences of the agreement. Note: 109.222 to 109.228 and 109.234 to 109.244 apply to surrogacy agreements entered into on or after the effective date of this 2025 Act [September 26, 2025] and to surrogacy agreements entered into before the effective date of this 2025 Act that are amended or restated after the effective date of this 2025 Act. See section 150 (2)(c), chapter 592, Oregon Laws 2025.
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