(1) Except as otherwise provided in ORS 109.238 (3), before, on or after the birth of a child conceived by assisted reproduction under a gestational surrogacy agreement, a party to the agreement may commence a proceeding in the circuit court for a judgment

(a) Declaring that each intended parent is a parent of the child and ordering that parental rights and duties vest immediately on the birth of the child exclusively in each intended parent;

(b) Declaring that the gestational surrogate and the surrogate’s spouse or former spouse, if any, are not the parents of the child;

(c) Directing the State Registrar of the Center for Health Statistics to designate each intended parent as a parent of the child on the birth record;

(d) To protect the privacy of the child and the parties, declaring that the court record is not open to inspection, except as authorized under ORS 109.232;

(e) If necessary, that the child be surrendered to the intended parent or parents; and

(f) For other relief the court determines necessary and proper.

(2) The court may issue a judgment under subsection (1) of this section before the birth of the child but the court shall stay enforcement of the judgment until the birth of the child and shall order one or more of the parties to notify the court of the child’s birth.

(3) Neither this state nor the state registrar is a necessary party to a proceeding under subsection (1) of this section.

Note: See note under 109.222.