Madrone v. Madrone

In this case, we consider how to determine whether an unmarried same-sex couple is similarly situated to a married opposite-sex couple for purposes of ORS 109.243 and, thus, entitled to the privilege granted by that statute. ORS 109.243 creates parentage in the husband of a woman who bears a child conceived by artificial insemination if the husband consented to that insemination. The statute’s effect is automatic; it requires no judicial or administrative filings or proceedings. In Shineovich and Kemp, 229 Or App 670, 214 P3d 29, rev den, 347 Or 365 (2009), we held that the statute violated…