2017 ORS 109.239¹
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)

1 Legislative Counsel Committee, CHAPTER 109—Parent and Child Rights and Relationships, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors109.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 109, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano109.­html (2017) (last ac­cessed Mar. 30, 2018).
 
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.