ORS 109.239
Rights and obligations of children resulting from assisted reproduction; rights and obligations of donor of semen


(1)

As used in ORS 109.239 (Rights and obligations of children resulting from assisted reproduction) to 109.247 (Application of law to children resulting from assisted reproduction), “assisted reproduction” means a method of causing pregnancy other than sexual intercourse. “Assisted reproduction” includes, but is not limited to:

(a)

Artificial insemination as defined in ORS 677.355 (“Artificial insemination” defined);

(b)

Donation of eggs;

(c)

Donation of embryos;

(d)

In vitro fertilization and transfer of embryos; or

(e)

Intracytoplasmic sperm injection.

(2)

If the donor of gametes used in assisted reproduction is not the mother’s spouse:

(a)

The donor shall have no right, obligation or interest with respect to any child conceived as a result of the assisted reproduction; and

(b)

Any child conceived as a result of the assisted reproduction shall have no right, obligation or interest with respect to the donor. [1977 c.686 §5; 2017 c.651 §4]
Note: 109.239 (Rights and obligations of children resulting from assisted reproduction) to 109.247 (Application of law to children resulting from assisted reproduction) were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 109 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Notes of Decisions

If petitioner made agreement that he would have active, decision-making role in child’s life and have visitation rights and gave his semen for artificial insemination in reliance upon this agreement, then this section violates Due Process Clause of Fourteenth Amendment by creating absolute bar to petitioner’s assertion of rights of fatherhood. McIntyre v. Crouch, 98 Or App 462, 780 P2d 239 (1989), Sup Ct review denied

“Donor” means any man who gives semen for purpose of artificial insemination, without regard to identities of parties or lack of physician involvement. McIntyre v. Crouch, 98 Or App 462, 780 P2d 239 (1989), Sup Ct review denied

Atty. Gen. Opinions

Agreement in surrogacy contract to acknowledge paternity of or adopt yet-unconceived child not judicially enforceable, (1989) Vol 46, p 221

Law Review Citations

17 WLR 935 (1981)

Chapter 109

Law Review Citations

12 WLJ 569-589 (1976)


Source
Last accessed
May. 15, 2020