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* 8/22/16 An update to the Oklahoma law is pending. Please check back for the most current law soon.

GESTATIONAL SURROGACY IN OKLAHOMA

Gestational Surrogacy is permitted in Oklahoma because no statute or published case law prohibits it.
 
Do courts grant pre-birth parentage orders? 

Some County Courts do but others give post-parentage orders.


WARNING: OKLAHOMA COURTS DIFFER IN RESULT COUNTY BY COUNTY.

POST-BIRTH PARENTAGE ORDERS

Can both Intended Parents be declared the legal parents in a post-birth order if at least one parent is genetically related to the child?
 

  • Married heterosexual couple using own egg and own sperm: Yes
  • Married heterosexual couple using an egg donor or sperm donor: Most courts will approve the Pre or Post Birth Order with an Egg or Sperm donor with documentation of the donation from the Clinic/Doctor doing the transfer.
  • Unmarried heterosexual couple using own egg and own sperm: Yes
  • Unmarried heterosexual couple using an egg donor or sperm donor: Yes with Proof of Donation from Clinic/Doctor doing transfer.
  • Same-sex couple using an egg donor or sperm donor: No, the court order will be granted only to the biological parent, triggering a 2-step process. The couple must then go elsewhere to obtain a second parent adoption for the non-biological parent.
  • Single parent using own egg or sperm: Yes, in most counties

 
Can both Intended Parents be declared the legal parents in a post-birth order if no parent is genetically related to the child?
 

  • Married heterosexual couple: Yes, if they are the recipients of an embryo donation, which is explicitly permitted by statute Okla. Stat. 10-556 to a husband and wife.
  • Unmarried heterosexual couple: No
  • Same-sex couple: No
  • Single parent:  No

 
What are the bases for venue for where the court petition is filed?  There is no venue requirement. Venue can be based on the consent of all parties and upon the court’s willingness to allow the petition to be heard.
 
Do results vary by venue?  Yes
 
If yes, are motions for venue accepted?  Yes
 
Is a hearing required to obtain a post-birth order?  Yes, in some counties.
 
Is a post-birth order possible in Oklahoma based solely on the fact that the child was born in Oklahoma (i.e., neither of the Intended Parents lives in Oklahoma)? Yes, in some counties.
 
Will Oklahoma Vital Records honor a pre-birth order from another state?  Sometimes but receiving the Birth Certificate may take longer and it will probably need to be mailed.
 
What is the typical time frame to obtain a birth certificate after delivery?  A birth certificate can be obtained immediately after discharge from the hospital if the parents go in person to Vital Records and if the hospital has turned in all the necessary documents. If by mail, the wait time varies from two (2) weeks to four (4) months.

Same-Sex Couples

How are same-sex parents named on the final birth certificate?  Father and Mother
 
Can an international same-sex male couple obtain an initial birth certificate naming the biological father and Gestational Carrier? Yes, but the biological father must sign an Affidavit at the hospital attesting that he is the biological father. The husband of the Gestational Carrier will then be removed from the birth certificate.
 
Can they subsequently obtain a birth certificate naming only the biological father or both fathers, with no mention of the Gestational Carrier?  Currently, no. Only the biological father will be listed. The Gestational Carrier can be removed though.
 
Can the non-biological parent in a same-sex couple obtain a second parent adoption based solely on the fact that the child was born in Oklahoma (i.e., neither of the Intended Parents lives in Oklahoma)?  No. Courts in Oklahoma do not grant second parent adoptions.
 
If no, will Oklahoma Vital Records honor a second parent adoption order from another state and add the second parent to the birth certificate?  Yes

SECOND PARENT & STEPPARENT ADOPTIONS FOR OKLAHOMA RESIDENTS

Oklahoma courts do not currently grant second parent adoptions for Oklahoma residents.

EGG AND SPERM DONATION

Is there a statute or published case law that addresses the rights of a donor over the resulting eggs, sperm, embryo or child?  Yes, Okla. Stat. 10-555 states that an egg donor has no rights or obligations with respect to any child resulting from the donation and the child has no rights with respect to the donor. Okla. Stat.10-552 is similar but covers sperm donation. Okla. Stat. 10-556 covers embryo donation.

TRADITIONAL SURROGACY IN KANSAS

Traditional Surrogacy in Oklahoma is treated like an adoption and, therefore, must be uncompensated. A 1983 opinion by the Attorney General declared that compensated surrogacy agreements are prohibited under the Oklahoma Trafficking in Children Statute, codified at 21 O.S. 866.

State law information provided by the following attorneys practicing Reproductive Law in this state:
 
Virginia Frank
www.virginiafrank.com
ginny@virginialfrank.com

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