Sause and Schnitzer

Summary

The Oregon Supreme Court held that Sause’s genetic connection to a child conceived through assisted reproductive technology did not, by itself, establish legal parentage under Oregon law or create a protected parental interest under the Due Process Clause. The court nevertheless concluded that Sause might have enforceable nonparental contractual rights based on agreements with Schnitzer and remanded for determination of those rights. The court also declined to apply a later-enacted statutory scheme and refused to review an unpreserved statutory argument. Justice Bushong, joined by Chief Justice Flynn and Senior Judge Linder, dissented, arguing that Sause had a legally significant parental interest and that the majority improperly treated Schnitzer’s contract as establishing parentage.