Oregon Statutes 677.365 – Consent required; filing with State Registrar of the Center for Health Statistics; notice to physician
(1) Artificial insemination shall not be performed upon a woman without her prior written request and consent and, if she is married, the prior written request and consent of her spouse.
Terms Used In Oregon Statutes 677.365
- Donor: The person who makes a gift.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Physician: means a person who holds a degree of Doctor of Medicine or Doctor of Osteopathic Medicine, or a person who holds a degree of Doctor of Podiatric Medicine if the context in which the term 'physician' is used does not authorize or require the person to practice outside the scope of a license issued under ORS § 677. See Oregon Statutes 677.010
- Prescribe: means to direct, order or designate the use of or manner of using by spoken or written words or other means. See Oregon Statutes 677.010
(2) Whenever a child is born who may have been conceived by the use of semen of a donor who is not the woman’s spouse, a copy of the request and consent required under subsection (1) of this section shall be filed by the physician who performs the artificial insemination with the State Registrar of the Center for Health Statistics. The state registrar shall prescribe the form of reporting.
(3) The information filed under subsection (2) of this section shall be sealed by the state registrar and may be opened only upon an order of a court of competent jurisdiction.
(4) If the physician who performs the artificial insemination does not deliver the child conceived as a result of the use of semen of a donor who is not the woman’s spouse, it is the duty of the woman and the spouse who consented pursuant to subsection (1) of this section to give that physician notice of the child’s birth. The physician who performs the artificial insemination shall be relieved of all liability for noncompliance with subsection (2) of this section if the noncompliance results from lack of notice to the physician about the birth. [1977 c.686 § 3; 2015 c.629 § 57]
See note under 677.355.