New legislation in the state of Oklahoma, which is effective May 15, 2019, provides for enforceable gestational carrier agreements and pre-birth orders under certain conditions. The new Bill No. 2468 is found here.
Do courts grant pre-birth parentage orders?
Yes, but the GC Agreement must be validated prior to transfer.
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?
Can both Intended Parents be declared the legal parents in a post-birth order if no parent is genetically related to the child?
What are the bases for venue for where the court petition is filed?
Do results vary by venue?
If yes, are motions for venue accepted?
Is a hearing required to obtain a parentage order?
Is a parentage 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)?
Will Oklahoma Vital Records honor a pre-birth order from another state?
What is the typical time frame to obtain a birth certificate after delivery?
How are same-sex parents named on the final birth certificate?
Can an international same-sex male couple obtain an initial birth certificate naming the biological father and Gestational Carrier?
Can they subsequently obtain a birth certificate naming only the biological father or both fathers, with no mention of the Gestational Carrier?
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)?
If no, will Oklahoma Vital Records honor a second parent adoption order from another state and add the second parent to the birth certificate?
Oklahoma courts do not currently grant second parent adoptions for Oklahoma residents.
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 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. Okla. Stat. 21 O.S. 866.
Virginia Frank
www.virginiafrank.com
ginny@virginialfrank.com
(405) 880-5700
Noel Tucker
noel@NOELTUCKERLAW.com
(405) 513-5750
Joni J. Franklin
Franklin Law Office, P.A.
(316) 264-5664
joni@jfranklinlaw.com
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