(1) A gestational surrogacy agreement must comply with the following requirements: (a) A surrogate agrees to attempt to become pregnant by means of assisted reproduction. (b) The surrogate and the surrogates spouse or former spouse, if any, have no claim to parentage of a child conceived by assisted reproduction under the agreement. (c) The surrogates spouse, if any, must acknowledge and agree to comply with the obligations imposed on the surrogate by the agreement. (d) Except as otherwise provided in ORS 109.075, the intended parent or, if there are two intended parents, each one jointly and severally, immediately on birth will be the exclusive parent or parents of the child, regardless of number of children born or gender or mental or physical condition of each child. (e) Except as otherwise provided in ORS 109.075, the intended parent or, if there are two intended parents, each parent jointly and severally, immediately on birth will assume responsibility for the financial support of the child, regardless of number of children born or gender or mental or physical condition of each child. (f) The agreement must include information disclosing how each intended parent will cover the surrogacy-related expenses of the surrogate and the medical expenses of the child. If health care coverage is used to cover the medical expenses, the disclosure must include a summary of the health care policy provisions related to coverage for surrogate pregnancy, including any possible liability of the surrogate, third party liability liens, other insurance coverage, and any notice requirement that could affect coverage or liability of the surrogate. Unless the agreement expressly provides otherwise, the review and disclosure do not constitute legal advice. If the extent of coverage is uncertain, a statement of that fact is sufficient to comply with this paragraph. (g) The agreement must permit the surrogate to make all health and welfare decisions regarding the surrogate and the pregnancy, including decisions regarding reproductive health care, as defined in ORS 435.190. (h) The agreement must include information about each partys right under ORS 109.236 to terminate the surrogacy agreement. (2) A gestational surrogacy agreement may provide for: (a) Payment of consideration and reasonable expenses; and (b) Reimbursement of specific expenses if the agreement is terminated under ORS 109.236. (3) A right created under a surrogacy agreement is not assignable and there is no third party beneficiary of the agreement other than the child. Note: See note under 109.222.
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