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Oregon Revised Statutes

Or. Rev. Stat. § 112.077 (2026)

Time of determining relationships; application to different circumstances of conception

✓ current as of May 2026
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      112.077 Time of determining relationships; application to different circumstances of conception. (1) For purposes of this section, an embryo that exists outside a person’s body is not considered to be conceived until the embryo is implanted into a person’s body.

      (2) Except as provided in subsections (3) and (4) of this section, the relationships existing at the time of the death of a decedent govern the passing of the decedent’s estate.

      (3) A person conceived before the death of the decedent and born alive thereafter inherits as though the person was a child of the decedent and alive at the time of the death of the decedent.

      (4) Notwithstanding ORS 109.218 and 109.240, a child conceived from the genetic material of a decedent who died before the transfer of the decedent’s genetic material into a person’s body is not entitled to an interest in the decedent’s estate unless:

      (a) The decedent, in a writing signed by the decedent and dated, specified that the decedent’s genetic material may be used for the posthumous conception of a child of the decedent;

      (b) The person designated by the decedent to control use of the decedent’s genetic material gives written notice to the personal representative of the decedent’s estate, within four months of the date of the appointment of the personal representative, that the decedent’s genetic material is available for the purpose of posthumous conception; and

      (c) The child conceived from the decedent’s genetic material is in utero within 24 months after the date of the decedent’s death. [2015 c.387 §27; 2025 c.592 §76]

 

      112.080 [Amended by 1969 c.591 §76; renumbered 112.645]

 

      112.085 [1969 c.591 §26; 1973 c.506 §6; 1975 c.244 §1; repealed by 1999 c.131 §11]

Notes of Decisions
Cited in 1 case (1 in the last 5 years), 2024–2024 · leading case: Miller v. Pettis, 562 P.3d 272 (Or. Ct. App. 2024).
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Miller v. Pettis, 562 P.3d 272 (Or. Ct. App. 2024). · cites it 8× “1 Following that, the intestate succession statutes recite the general principle that, upon adoption, the adopted child ceases to be the child of the birth parent who gives 1 Those two exceptions are first, that “[a] person conceived before the death of the decedent and born…”
— Or. Rev. Stat. § 112.077(2) — 1 case
Miller v. Pettis, 562 P.3d 272 (Or. Ct. App. 2024). “1 Following that, the intestate succession statutes recite the general principle that, upon adoption, the adopted child ceases to be the child of the birth parent who gives 1 Those two exceptions are first, that “[a] person conceived before the death of the decedent and born…”
— Or. Rev. Stat. § 112.077(3) — 1 case
Miller v. Pettis, 562 P.3d 272 (Or. Ct. App. 2024). “1 Following that, the intestate succession statutes recite the general principle that, upon adoption, the adopted child ceases to be the child of the birth parent who gives 1 Those two exceptions are first, that “[a] person conceived before the death of the decedent and born…”
— Or. Rev. Stat. § 112.077(4) — 1 case
Miller v. Pettis, 562 P.3d 272 (Or. Ct. App. 2024). “1 Following that, the intestate succession statutes recite the general principle that, upon adoption, the adopted child ceases to be the child of the birth parent who gives 1 Those two exceptions are first, that “[a] person conceived before the death of the decedent and born…”
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