STATE SURROGACY LAW:

Oklahoma Surrogacy Laws

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Overview

As of May 15, 2019, Oklahoma passed the Gestational Carrier Act (House Bill 2468). This act legalizes gestational surrogacy, sets up a framework for pre-birth orders, which must be obtained prior to any embryo transfer, and provides contractual protection for both Intended Parent(s) and Gestational Carriers. Prior to HB 2468, gestational surrogacy was practiced in Oklahoma, but it did not enjoy the standardized processes and protections that are now afforded.

This new legislation does not address traditional surrogacy cases.

Types of surrogacy available in Oklahoma:

Can a parentage order be obtained for the following?

Gestational surrogacy:

YES

Altruistic surrogacy:

YES

Traditional surrogacy:

DEPENDS, since traditional surrogacy is not protected under Oklahoma HB 2468 and is prohibited if compensation is involved. Altruistic, or uncompensated, traditional surrogacy may be possible under adoption statutes. Intended Parent(s) may choose to pursue this route to building their family, but many attorneys and agencies advise against it due to the increased legal risks involved because a surrogate legally can’t be forced to give up her parental rights.

Parentage

Who can be declared as the parent(s) of a child from a surrogate via a court parentage order?

– Both Intended Parent(s) can be named on the parentage order.

– Only a genetic Intended Parent can be named on the parentage order. A non-genetic Intended Parent will need to establish parentage via a second or stepparent adoption following birth.

How are Intended Parent(s) Listed on the Birth Certificate?

Intended Parent(s) may be listed as Father-Mother, Parent-Parent, or Father or Mother.

Rights of Egg or Sperm Donor(s)

According to several statutes in Oklahoma, gamete donors for assisted reproduction procedures have no parental rights over the donated gametes or a resulting child. Okla. Stat. 10-555 affirms that an egg donor has no rights or obligations with respect to any resulting child. Okla. Stat. 10-55 2 refers to sperm donation and Okla. Stat. 10-556 refers to embryo donation.

Surrogacy Steps in Oklahoma

Surrogacy Process in Oklahoma

Select your agency if applicable

Match with a gestational carrier

Complete medical and psychological evaluations at the fertility center

Select attorneys for the intended parents and gestational carrier and complete the gestational carrier agreement

Pre-birth order

Oklahoma allows pre-birth orders to be filed, but they must be filed prior to an embryo transfer.

Begin IVF cycle with surrogate

Delivery

Post-birth order

Notice of the birth is filed with the court and the court issues an updated parentage order with the child’s identifying information.

Birth Certificate Timeline

Birth certificate

Birth certificates take 4-5 weeks to be issued after the birth of the child

Legal and medical steps involved in the surrogacy process may differ from case to case. Please speak with your agency and attorneys about how the process might look for you.

Court Processes

Surrogacy Contracts

Gestational surrogacy contracts in Oklahoma are recognized and enforced by the state as long as they are pursuant to Oklahoma statutes. Compensated traditional surrogacy contracts are prohibited under the Oklahoma Trafficking in Children Statute. Okla. Stat. 21 O.S. 866.

Independent Counsel

Independent counsel, who must be licensed in Oklahoma, is required for all parties involved in a surrogacy agreement.

Requirements for Surrogates and Intended Parent(s)

Surrogates

Must be at least 21 years of age
Must have given birth to at least one child
Must have been a resident of Oklahoma for at least 90 consecutive days immediately before entering into the gestational carrier agreement unless the Intended Parent(s) have been a resident of Oklahoma for at least 90 consecutive days immediately before she entered into the agreement
Must have completed a physical medical evaluation
Must have completed a mental health consultation.
Mental health consultation must take place in person

Intended Parent(s)

Each Intended Parent must complete a mental health consultation
Mental health consultation must take place in person

Birth Orders

Do courts issue pre-birth orders?

YES

Do courts issue post-birth orders?

YES

Are hearings required to obtain either pre- or post-birth orders?

VARIES

The pre-birth order, which must take place prior to any embryo transfer, does establish parentage. The Intended Parents will immediately go on the child’s birth certificate and will have all the authority of a biological parent right after the child is born. The post-birth order is a confirmation of parentage and includes more details about the child, including the child’s name and birth date.

Judges have the authority to request a hearing, however hearings are not usually required. If a hearing is required, the judges will accommodate video or phone appearances of the parties.

Bases of Venue

What are the bases of venue?

HB 2468 explicitly states that any surrogacy case can be brought in Tulsa County, Oklahoma County, or the county where the Gestational Carrier lives at the time she signed the Gestational Agreement.

Do rulings vary by venue?

Can you file a motion to waive venue?

International Issues

International Intended Parent(s) will have additional legal steps to complete before their return home regarding their country’s immigration and citizen laws that impact the child. It’s imperative the international Intended Parent(s) speak with an experienced attorney in their home country about their situation. The law of more than one country will need to be considered if the Intended Parent(s) are citizens or residents of more than one country.

Residency Requirements

Does Oklahoma have any residency requirements for out-of-state or International Intended Parents?

YES

Either the Gestational Carrier OR the Intended Parents must have lived in Oklahoma for at least 90 days prior to signing the Gestational Agreement. None of the parties can be undocumented immigrants.

Birth Certificates

Can an international same-sex male couple receive an initial birth certificate naming the biological father and Gestational Carrier?

NO, both parents who were parties to the gestational agreement must be included on the birth certificate

Can an international same-sex male couple obtain an initial birth certificate naming only the biological father?

NO, both parents who were parties to the gestational agreement must be included on the birth certificate

Can they receive a subsequent birth certificate naming only the Intended Parent(s) with no mention of the Gestational Carrier?

YES

Passport Timeline

6-8 weeks after submitting birth certificate

Passports can be expedited for a one week delivery with an extra fee, if working through a passport expediting agency, after the issuance of the birth certificate. Intended Parent(s) can also visit a regional passport agency to receive one within 8 business days.

Passports are regulated at the federal level in the United States. To learn more about the process of receiving a US passport, visit Travel.State.gov.

Consulting Attorneys

Chelsea Caldwell
Midwest Fertility Law Group, PLC
740 Southwest Drive
Jonesboro, Arkansas 72401
(870) 280-2648
chelsea@mwflg.com

Assisted with 2023 Updates

Becki Murphy
Murphy Francy PLLC
252 W. 16th Street
Tulsa, OK 74119
(918) 895-8200
becki@murphyfrancy.com
www.murphyfrancylaw.com

Legal Disclaimer

The content contained in this website is provided for informational purposes only. Content contained herein may or may not reflect the most current legal information on the subject; accordingly, this website is not promised to be correct or complete at any given time. Outcomes referenced should not be interpreted as an indication of future outcomes. Love & Kindness Surrogacy explicitly disclaims all liability for actions taken or not taken based on the contents of this website.

This website does not constitute a replacement for legal advice or counsel. Always consult an attorney before beginning the surrogacy process.

Last updated June 2023