The Oklahoma Gestational Agreement Act (House Bill 2468), which became effective May 15, 2019, legalized gestational surrogacy. This Act provides for enforceable gestational carrier agreements and pre-birth orders under certain conditions.
Although the following guide can give you a better understanding of the general rules and regulations of surrogacy in Oklahoma, it is not meant to be used as legal advice. It is important to consult with an experienced attorney to guide you through your unique journey.
Below is a list of some of the most frequently asked questions about surrogacy in Oklahoma.
Yes. The Oklahoma Gestational Agreement Act (House Bill 2468), which became effective May 15, 2019, legalized gestational surrogacy.
Yes. Traditional surrogacy is permitted but only if it is an altruistic (not compensated) traditional surrogacy arrangement; traditional surrogacy is treated as an adoption in Oklahoma. Compensated traditional surrogacy arrangements are specifically prohibited and, although uncompensated traditional surrogacy is not specifically prohibited, it is still unprotected under the new legislation.
Yes. Compensated gestational surrogacy is legal in Oklahoma in gestational surrogacy; this is something that is established when the surrogacy contract between surrogates and intended parents is drafted. In addition to their base pay, surrogates are compensated for their time, the medical risks they accept, and the list of expenses below:
However, a traditional surrogate cannot receive compensation because traditional surrogacy is treated as an adoption under Oklahoma laws.
In order to create an Oklahoma surrogacy agreement, intended parents and their surrogate must be represented by separate surrogacy attorneys to ensure both parties’ interests and rights are protected.
The attorneys will negotiate a contract that addresses at least the following:
Once this contract is finalized and signed, the medical process of surrogacy can begin.
Like in many other states, the availability of parentage orders in Oklahoma surrogacy often depends upon the overseeing judge. Most judges will issue post-birth orders in Oklahoma, although some will issue parentage orders before the child is born.
In most cases, pre-birth parentage orders may be obtained by a single intended parent or by a married couple, regardless of the intended parent’s genetic connection to the child, but the gestational carrier agreement must first be validated by the court prior to any embryo transfer.
In most cases, an Oklahoma surrogacy court will not issue parentage orders to couples or individuals who have no genetic ties to the child being born — unless they are a married, heterosexual couple receiving an embryo adoption (as specified by state laws). Instead, they will likely need to complete an adoption after birth.
Below is a list of some of the most frequently asked questions about surrogacy in Oklahoma:
A: Yes. A surrogacy contract will be binding and enforceable if it is in writing, signed by all parties, and notarized and the Gestational Carrier Agreement must be validated prior to transfer.
A: No. International intended parents are subject to the same Oklahoma surrogacy laws as domestic intended parents. It is important, however, that intended parents from another country speak with an immigration lawyer to ensure they follow the proper legal steps for taking their child home.
A: Intended parents will need to complete an adoption if they cannot obtain a parentage order. In Oklahoma, this is typically in cases where intended parents have no genetic relationship to their child born via surrogacy.
A: Intended parents may need to complete a second-parent adoption if only one intended parent has a genetic relationship with the child and the other parent wants to establish legal parental rights. Stepparent adoptions may apply when one parent is already recognized as the legal parent and the other parent is a spouse.
A: Unmarried intended parents in Oklahoma will either need to get married to complete a stepparent adoption in Oklahoma, or complete a second-parent adoption in another state and update their Oklahoma birth certificate upon their return. These steps are usually only needed in cases where intended parents have no genetic relationship to their child born via surrogacy.
A: As long as intended parents have at least one genetic relationship to their child born via surrogacy, using a donor egg, sperm, or embryo will not affect the availability of a post-birth parentage order. Married, heterosexual intended parents who use an embryo donation will also be protected from additional legal steps for establishing parentage. Okla. Stat. 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. Okla. Stat. 10-556 covers embryo donation.
A: Yes. Same-sex couples and LGBT+ intended parents have the same legal rights and will experience generally the same surrogacy process as opposite-sex couples, with the exception of likely requiring an egg donor or sperm donor to complete the IVF procedure.
A: No. There are no additional laws impacting same-sex parents in this state.
Becki A. Murphy
Tulsa, OK
www.murphyfrancy.com
Becki@murphyfrancy.com
(918) 895-8200
Paul (“Trip”) Swain
Tulsa, OK
www.swainlaw.com
pswain@swainlaw.com
(918) 599-0100
Noel Tucker
Edmond, OK
noel@noeltuckerlaw.com
(405) 513-5750
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