2015 ORS 109.239¹
Rights and obligations of children resulting from artificial insemination
  • rights and obligations of donor of semen

If the donor of semen used in artificial insemination is not the mother’s husband:

(1) Such donor shall have no right, obligation or interest with respect to a child born as a result of the artificial insemination; and

(2) A child born as a result of the artificial insemination shall have no right, obligation or interest with respect to such donor. [1977 c.686 §5]

Note: 109.239 (Rights and obligations of children resulting from artificial insemination) to 109.247 (Application of law to children resulting from artificial insemination) 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)


1 Legislative Counsel Committee, CHAPTER 109—Parent and Child Rights and Relationships, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors109.­html (2015) (last ac­cessed Jul. 16, 2016).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2015, Chapter 109, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano109.­html (2015) (last ac­cessed Jul. 16, 2016).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.