ORS 109.243¹
Relationship of child resulting from assisted reproduction to mother’s spouse

The relationship, rights and obligation between a child conceived as a result of assisted reproduction and the mother’s spouse shall be the same to all legal intents and purposes as if the child had been naturally and legitimately conceived by the mother and the mother’s spouse if the spouse consented to the performance of assisted reproduction. [1977 c.686 §6; 2017 c.651 §5]

Note: See note under 109.239 (Rights and obligations of children resulting from assisted reproduction).

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)

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 930 (1981)

Chapter 109

Law Review Cita­tions

12 WLJ 569-589 (1976)

  • The Oregon Divorce Blog / Stephens Margolin, P.C., Jul 22, 2009
    “On July 15, 2009, the Court of Appeals ruled in the case of Shineovich and Kemp, in which the Peti­tioner challenged the constitu­tionality of tow statutes under which a married man is deemed to be the legal parent of children born to his wife. ...”
1 Legislative Counsel Committee, CHAPTER 109—Parent and Child Rights and Relationships, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors109.­html (2019) (last ac­cessed May 16, 2020).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2019, Chapter 109, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano109.­html (2019) (last ac­cessed May 16, 2020).
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. Currency Information