Informal Sperm Donation in Oregon

Legal Framework and Considerations

Oregon’s legal framework for informal sperm donation, including at-home artificial insemination (AI), is governed by statutes under Oregon Revised Statutes (ORS) Chapter 109, specifically [ORS 109.239 to 109.247](https://www.oregonlegislature.gov/bills_laws/ors/ors109.html), enacted in 1977 and amended in 2017. Unlike states requiring physician involvement (e.g., Texas), Oregon’s laws focus on the donor’s non-spousal status rather than the method of insemination, offering a permissive approach to informal AI. This framework, rooted in the 1977 Uniform Parentage Act principles but not fully adopting later UPAs, balances flexibility with ambiguity, shaped by limited case law as of March 2025.

Key Provisions:

• Definition of Assisted Reproduction:
  • ORS 109.239(1) defines "assisted reproduction" as: "a method of causing pregnancy other than sexual intercourse," including: "(a) Artificial insemination as defined in ORS 677.355; (b) Donation of eggs; (c) Donation of embryos; (d) In vitro fertilization and transfer of embryos; or (e) Intracytoplasmic sperm injection."
  • ORS 677.355 further defines "artificial insemination" as: "introduction of semen into a woman’s vagina, cervical canal or uterus through the use of instruments or other artificial means." This broad scope includes at-home AI without mandating physician involvement.
• Donor Status and Paternity:
  • ORS 109.239(2) states: "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."
  • This applies regardless of physician involvement, protecting non-spousal donors from paternity claims if intent aligns with donation, not parenting.
• Legal Parentage:
  • ORS 109.041 establishes parentage by birth, marriage, or acknowledgment, with "A man is rebuttably presumed to be the father… if he and the mother were married… and the child is born during the marriage." For AI, ORS 109.239(2) excludes non-spousal donors, leaving intended parents as legal parents.
  • Unmarried or non-biological parents may need adoption (ORS 109.309) or acknowledgment to secure rights.
• Donor Paternity in Informal Contexts:
  • Unlike states with physician mandates (e.g., Texas’s § 160.702), ORS 109.239’s exemption hinges on non-spousal status, not procedure, suggesting at-home AI donors are protected if not the mother’s spouse and intent is clear.
  • A pre-conception agreement clarifying donor non-parental intent can reinforce this, though not statutorily required.
• Case Law and Precedents:
  • No Oregon Supreme Court cases directly address informal sperm donation under ORS 109.239 as of March 2025. General parentage cases (e.g., L.E.S. v. C.D.M., 261 Or. App. 692, 2014) affirm biological paternity can be rebutted by statute, supporting donor exemptions if conditions are met.
  • Comparisons to permissive states (e.g., Pennsylvania’s *Ferguson v. McKiernan*) suggest Oregon courts may uphold intent-based donor non-paternity, though conservative interpretations could prioritize biology in disputes.
• Practical Considerations:
  • At-home AI is legally supported under ORS 109.239, offering flexibility for informal donation. Non-spousal donors face minimal paternity risk, a significant advantage over stricter states.
  • Oregon’s progressive culture and moderate population (approx. 4.2 million) support access to fertility options, though rural areas may rely more on informal methods.
  • Courts may scrutinize intent in disputes, especially if child support or benefits are involved, given the lack of explicit case law.
• Special Cases:
  • Unmarried recipients or same-sex couples benefit from ORS 109.239’s donor exemption, with adoption (ORS 109.309) or acknowledgment (ORS 109.070) available for non-biological parents. Post-Obergefell (2015) equality aligns with this inclusivity.
  • Surrogacy lacks specific regulation beyond contract law (e.g., ORS 163.537 prohibits payment), with traditional surrogacy often requiring adoption per ORS 109.309.

Recommendations:

• Written Agreements: Draft a pre-conception agreement clarifying donor non-parental intent and recipient parentage to reinforce ORS 109.239 protections, though not required.

Oregon’s ORS 109.239 provides a permissive framework for informal sperm donation, exempting non-spousal donors from paternity without mandating physician involvement. This flexibility, rooted in 1977 law and amended in 2017, supports at-home AI, though untested case law suggests documenting intent for clarity. Parties can rely on agreements to navigate this straightforward yet nuanced legal landscape.

Statutory Resources:

• Oregon Revised Statutes - Chapter 109: Parent and Child Rights and Relationships
• Oregon Revised Statutes - Chapter 677: Regulation of Medicine