On May 15. 2019, Oklahoma’s, HB2468, Oklahoma Gestational Agreement Act legalized gestational surrogacy.
Traditional (genetic) surrogacy is permitted in Oklahoma, but the laws governing it are closer to those of adoption, so the process must be uncompensated.
Yes, there are requirements to serve as a gestational carrier in the state of Oklahoma. Requirements include:
Parentage Orders: Under the new law, pre-birth orders are allowed, if the law is followed and the contract is validated prior to embryo transfer.
IP’s do not have to be genetically related. Any combination will be accepted so long as the IP’s are married if there are two IP’s. A single IP is also acceptable.
For intended parents who are in no way related to the resulting child, the conditions under which intended parents could be declared legal parents with a pre-birth order are listed below:
Yes
*if they are the recipients of an embryo donation, which is explicitly permitted by statute Okla. Stat. 10-556 to a husband and wife
°possibly, depends on the courts and the county
Parents will be listed on the birth certificate as “father” and “mother”, “parent” and “parent”, “mother” and “mother” or “father” and “father”.
Both Intended Parents will go directly on the first birth certificate if the contract was properly validated.
Oklahoma statutes address parental rights in two separate statutes. Oklahoma Statue 10-555 states that an egg donor has no rights or obligations with respect to any child resulting from the donation and the child has no rights with respect to the donor. Okla. Stat.10-552 is similar but covers sperm donation.
Becki A. Murphy
Murphy Francy, PLLC
252 West 16th St
Tulsa, OK 74119
Ph: 918.895.8200
Fax: 918.592.0040
https://www.murphyfrancy.com/
Copyright © 2022 FAMILY INCEPTIONS. All Rights Reserved.
