Surrogacy in Oklahoma

Gestational Surrogacy in Oklahoma

Surrogacy is legal in Oklahoma. The Oklahoma Gestational Agreement Act explicitly outlines the laws regulating surrogacy in Oklahoma.

Understanding Surrogacy Laws in Oklahoma

Legal Parentage

Often we think of states as being either pre-birth or post-birth in the surrogacy field. However, some states (like Oklahoma) are a combination of both. Oklahoma has a surrogacy statute (Oklahoma Statutes, Title 10, Section 557) which provides a procedure for parentage that includes both a pre-birth (in fact it is pre-transfer) and post-birth proceeding. Pre-transfer, the gestational carrier agreement is validated by the court. Then after the birth of the child, intended parents who have at least one genetic connection shall be declared the sole legal parents of the child; this is the case regardless of marital status and sexual orientation. Married heterosexual couples that have no genetic connection can also obtain a court order if they are embryo donation recipients. As provided by the law, IPs will be listed on the birth certificate as the parents from the outset, with neither the GC or her spouse ever having been listed. Oklahoma’s statute also notably provides that intend parents shall be declared the right to have immediate custody of and access to the child upon birth, the right to name the child, the right to make all health care decisions regarding the child upon birth, and the resight to be designated as the people to be issued armband or other security devices identifying them as the parents of the child. Most (if not all) gestational carrier agreements will provide for the same rights, but it provides many intended parents additional comfort to know that the state statute provides the same as well. Backing up a step, the legal parentage process is the critical step where parentage is determined. Depending on where your child is born, the birth parentage orders will be completed either pre- or post-birth. Every state, whether pre-birth, post-birth, or some combination of the two, has its own unique process and requirements. Working with an experienced Assisted Reproductive Technology lawyer and reputable agency is critical to the success of a surrogacy journey. One of the many benefits of working with an established agency like ConceiveAbilities is the legal oversight, education, and support provided to both intended parents and gestational surrogates.

Pre-Birth Orders

The pre-birth process means that the relevant state law provides an avenue for the parties to present an order to a judge for entry prior to the child being born that establishes the intended parent(s) as the legal parents of the child. It will also likely direct the hospital to release the child to the intended parents after discharge and order the Oklahoma Office of Vital Records to name the intended parents on the child’s birth certificate.

Post-Birth Processes

The post-birth process is overall procedurally the same as the pre-birth, but it occurs after the child is born. Often this is because the relevant state law contemplates the existence of a live child before anything can be filed or entered. But the ultimate result is the same – a birth certificate with the intended parents’ names and secure legal parentage of the child in favor of the intended parents. Post-birth court orders may be necessary if the pre-birth order process isn’t followed, ensuring legal parentage. Alternatively, as is the case with Oklahoma, some states have a combination of a pre- and a post-birth process.

Common Questions About Oklahoma Surrogacy Law

Do You Need a Medical Need for Surrogacy in Oklahoma?

The Oklahoma statute requires a medical need for surrogacy. It specifically provides that the medical evidence provided shows that the intended mother is unable to carry a pregnancy to term and give birth to the child or is unable to carry the pregnancy to term and give birth to the child without unreasonable risk to her physical or mental health or to the health of the unborn child. Some examples of medical needs include unexplained infertility, lack of a uterus or vagina, scarring on the uterus, and a history of complicated pregnancies or miscarriage(s). Existing medical conditions like heart disease, kidney disease, diabetes and pregnancy conditions such as preeclampsia and gestational diabetes that could impact a woman’s ability to carry a child to term or put her life at risk would also qualify as a medical need.

Are There Any Requirements or Specifications for Intended Parent(s) as It Relates to Marital Status?

Oklahoma permits couples and single individuals to pursue surrogacy, regardless of marital status. However, there are additional requirements that may need to be met depending on marital status.

Do Intended Parent(s) need a genetic connection to the embryo?

In Oklahoma, typically at least one parent needs a genetic connection. A married, heterosexual couple that are the recipients of embryo donation, thereby not having a genetic connection, can also safely pursue surrogacy in Oklahoma.

Can International Intended Parent(s) Pursue Surrogacy in Oklahoma?

International parents cannot pursue surrogacy in Oklahoma.

Can LGBTQIA+ Intended Parents safely pursue surrogacy in your state?

Yes, Oklahoma allows surrogacy for all individuals including the gay and LGBTQ+ community, regardless of sexual orientation. Learn more about surrogacy and the LGBTQ+ Community.

Can I Use My Own Surrogate? Is Altruistic Surrogacy Permitted?

Yes, altruistic surrogacy is permitted in Oklahoma. Even if you have a surrogate, you may still choose to partner with a surrogacy agency to navigate your journey.

Are there any residency requirements for either Intended Parent(s) or surrogates in Oklahoma?

Yes. Either the Intended parents or the Gestational Carrier needs to have resided in Oklahoma at least 90 days (consecutive) prior to validating the agreement.

Are there any written laws (statute or case law) relating to the rights of gestational carriers?

The Oklahoma Gestational Carrier Act outlines the rights of surrogates. Learn more about surrogate rights.