Parent and Child Rights and Relationships
Relationship of child resulting from assisted reproduction to mother’s spouse
Notes of Decisions
By function of Article I, section 20, of the Oregon constitution, privilege created by statute for husbands of women who give birth to children conceived by artificial insemination applies equally to same-sex domestic partners of women who give birth to children conceived by artificial insemination. Shineovich and Kemp, 229 Or App 670, 214 P3d 29 (2009), Sup Ct review denied
This section, to withstand constitutional challenge under Article I, section 20, Oregon Constitution, applies to same-sex couples that would have chosen to marry before birth of child had couple been permitted to marry. Madrone and Madrone, 271 Or App 116, 350 P3d 495 (2015)
Where same-sex couple that would have married had law permitted marriage conceives child through artificial insemination procedures, non-childbearing partner gives “consent,” as used in this section, to artificial insemination if that partner assents to or approves of procedure and assisting childbearing partner with procedure evidences that consent. Madrone and Madrone, 271 Or App 116, 350 P3d 495 (2015)
Attorney General 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 930 (1981)