Rights and obligations of children resulting from assisted reproduction
- rights and obligations of donor of semen
Source:
Section 109.239 — Rights and obligations of children resulting from assisted reproduction; rights and obligations of donor of semen, https://www.oregonlegislature.gov/bills_laws/ors/ors109.html
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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
As used in this section, “donor” encompasses both sperm donors and egg donors who are known to recipient, such as birthing parent’s spouse or known donor, and anonymous donors. In the Matter of the Parentage of S.D.S., 371 Or 573, 539 P3d 722 (2023)
Where both sperm donor and egg donor contributed gametes to assisted reproductive technology process, signed standard donation forms acknowledging relinquishment of any claim to or jurisdiction over future embryos and offspring, and neither donor gave birth to child or was spouse of birthing person, donors’ rights, obligations or interest with respect to child are foreclosed under this section. In the Matter of the Parentage of S.D.S., 371 Or 573, 539 P3d 722 (2023)
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 935 (1981)