Gestational Surrogacy Regulations in Oklahoma

Overview

Gestational Surrogacy in Oklahoma is legalized by Oklahoma Gestational Agreement Act. “It
is the policy of the State of Oklahoma to allow private parties to enter into gestational
agreements in order to help facilitate the birth of children to parents who are not otherwise
able to conceive or carry them, to allow gestational carriers of such children to be properly
compensated for providing this important and selfless undertaking and to provide a
mechanism to ensure that gestational agreements will be enforced and that the expectations of
the parties to gestational agreements will be protected.”

Intended Parents

Age requirement:
21 years of age or older
Marriage requirement:
Yes
Married heterosexual couple:
Yes
Married same-sex couple:
Yes
Unmarried heterosexual couple:
Unmarried same-sex couple:
Resident status:
No
Independent legal counsel:
Yes

Gestational Surrogates

Age requirement:
21 years of age or older
Marriage requirement:
No
If married/partnered:
husband’s/partner’s sperm cannot be used
Surrogate status:
Gestational Surrogacy
Resident status:
Yes* (for at least 90 days)
Use of own embryos:
No
Independent legal counsel:
Yes
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Embryos

Intended Parents own sperm:
Yes
Intended Parents own eggs:
Yes
Intended Parents using sperm donor:
Yes
Surrogate status:
Gestational Surrogacy
Intended Parents using egg donor:
Yes
Intended Parents using both egg and sperm donor:
Yes*

Birth of Child

Birth in Oklahoma:
Yes
Birth outside of Oklahoma:
No

A Pre-Birth Order 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 be first validated by the court prior to any embryo transfer. Any party to the
Gestational Carrier Agreement may file to validate the Agreement.

Parentage

Pre-Birth Orders:
Yes
Hearing to obtain Order:
Yes
Post-Birth Orders:
No

General Information

Will Oklahoma Vital Records honor a Pre-Birth Order from another state:
Yes*
What is the typical time frame to obtain a birth certificate after delivery:
within 10 weeks
How are same-sex parents named on the final birth certificate:
Father or Mother
Can an international same-sex male couple obtain an initial birth certificate naming the biological father and Gestational Carrier:
Yes* *the biological father must sign an affidavit at the hospital
Can an international same-sex male couple subsequently obtain a birth certificate naming only the biological father or both fathers with no mention of the Gestational Carrier:
Yes

Second Parent and Stepparent Adoptions for Oklahoma Residents:

*This situation typically arises if the child is born outside of Oklahoma. The parents then return to Oklahoma to obtain a second parent adoption or stepparent adoption in Oklahoma. Oklahoma courts do not grant second parent or stepparent adoptions. Please consult with your attorney on this matter if this issue is to arise*

Traditional Surrogacy in Oklahoma?

*Traditional Surrogacy in Oklahoma is treated like an adoption and must be uncompensated. Please consult with a local attorney to determine if you can move forward with traditional surrogacy*
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Disclaimer - The information provided on these pages does not, and is not intended to, constitute legal advice; all content is for general informational purposes only and may not constitute the most up-to-date legal information, either. Please consult with an ART Lawyer for legal advice specific to your case.