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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, 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.
Can a parentage order be obtained for the following?
Traditional surrogacy is not protected under Oklahoma HB 2468 and is prohibited if involving compensation. 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.
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.
Intended Parent(s) may be listed as Father-Mother, Parent-Parent, or Father or Mother.
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. 10-552 refers to sperm donation and Okla. Stat. 10-556 refers to embryo donation.
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.
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 is required for all parties involved in a surrogacy agreement.
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 almost never required. If a hearing is required, the judges will accommodate video or phone appearances of the parties.
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.
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.
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.
Becki Murphy
Murphy Francy PLLC
252 W. 16th Street
Tulsa, OK 74119
(918) 895-8200
becki@murphyfrancy.com
www.murphyfrancylaw.com
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 October 2019
