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

Mental health counseling:

Yes

Resident status:

Independent legal counsel:

Yes

Gestational Surrogates

Age requirement:

21 years of age or older

Marriage requirement:

If married/partnered:

husband’s/partner’s sperm cannot be used

Surrogate status:

Gestational Surrogacy

Mental health counseling:

Yes

Resident status:

Yes* (for at least 90 days)

Previous pregnancies:

at least one

Use of own embryos:

Independent legal counsel:

Yes

Embryos

Intended Parents own sperm:

Yes

Intended Parents own eggs:

Yes

Intended Parents using sperm donor:

Yes

Intended Parents using egg donor:

Yes

Intended Parents using both egg and sperm donor:

Yes*

*parties must be married.

Birth of Child

Birth in Oklahoma:

Yes

Birth outside of Oklahoma:

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:

General Information

Will Oklahoma Vital Records honor a Pre-Birth Order from another state:

Yes* (depends on jurisdiction. Please consult with local attorney)

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 (The initial birth certificate may include the name of the GC with the name of the IP. The birth certificate can later be revised to remove the name of the GC)

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.

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.