In re: Sause and Schnitzer
Annotate this CaseThis case concerned the parentage of a child conceived through assisted reproductive technology (ART). Jordan Schnitzer wanted to have a son. Because he was single, he planned to use his own sperm, an egg donor, and a gestational carrier. Cory Sause contributed her eggs. A gestational carrier gave birth to a boy, S. Afterward, the gestational carrier, her spouse, and Schnitzer agreed that Schnitzer—and not the gestational carrier or her spouse— was S’s intended parent, and a declaratory judgment was entered to that effect. Schnitzer and Sause, however, disagreed about whether Sause was also S’s parent and about whether Schnitzer could prevent Sause from having a relationship with S. The trial court concluded that Sause was S’s legal parent based on her undisputed genetic connection to S; a divided Court of Appeals reversed. The Oregon Supreme Court disagreed with the trial court and concluded that, in the circumstances of this case, Sause’s genetic connection to S did not establish her legal parentage of S. The Supreme Court also concluded that Sause may have contracted with Schnitzer for certain non-parental rights with respect to S. "The extent of those rights is an issue that the trial court did not reach due to its conclusion that Sause was a parent." The Supreme Court therefore reversed the trial court's judgment and remanded for further proceedings to declare the legal parentage of S and to determine the extent of Sause’s nonparental rights with respect to S.
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