Surrogacy Law in Oklahoma
Oklahoma Surrogacy Law: Types of Surrogacy
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.
Are There Surrogate Requirements in Oklahoma?
Yes, there are requirements to serve as a gestational carrier in the state of Oklahoma. Requirements include:
- Gestational Surrogate (Carrier) or at least one Intended Parent(IP) must be residents of Oklahoma for at least 90 days prior to signing of the agreement for it be recognized in Oklahoma
- GC must be 21 years of age or older
- GC must have previously given live birth
- GC must be approved by a qualified physician and mental health provider
- Illegal immigrants cannot be a GC under the Act.
- GC must have separate legal counsel from IP’s
Does Oklahoma Surrogacy Law Allow for Pre-Birth Orders?
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.
Married heterosexual couples, using their own egg and own sperm
Unmarried heterosexual couples, using their own egg and own sperm
Married heterosexual couples, using a sperm or egg donor
Unmarried heterosexual couples, using an egg or sperm donor
Same sex couples, using an egg or sperm donor
Single parents using an egg or sperm donor*
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:
Married heterosexual couples*
Married same sex couples°
*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
Whose names go on the birth certificate in Oklahoma?
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.
Surrogacy Conditions for Same-Sex Couples in Oklahoma
Are There Options for Unmarried Intended Parents in the state of Oklahoma?
Egg Donation Law
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.
State law information verified by the following (ART) Assisted Reproductive Law attorney licensed in Oklahoma*
Becki A. Murphy
Murphy Francy, PLLC
252 West 16th St
Tulsa, OK 74119