ORS 109.240: Parentage of deceased intended parent.

(1) ORS 109.238 applies to an intended parent even if the intended parent dies during the period between the transfer resulting in a pregnancy and the birth of the child.

      (2) Except as otherwise provided in ORS 109.244, an intended parent who dies before the transfer resulting in a child conceived by assisted reproduction under a gestational surrogacy agreement is the child’s parent only if:

      (a) The agreement provides that the intended parent would be the parent of a child conceived by a transfer occurring after the intended parent’s death; and

      (b) The transfer occurs not later than 24 months after the death of the intended parent.