Surrogacy in Oklahoma
Surrogacy in Oklahoma is rated “Somewhat Friendly”. Whereas legislation allows married Intended Parents, straight or same-sex, to pursue gestational surrogacy in Oklahoma, unmarried couples are not allowed to obtain a pre-birth order with both of their names on it. Single Intended Parents can obtain a pre-birth order even if they’re not genetically related to the child.
Jump Down this Article:
- Oklahoma surrogacy at-a-glance
- Pre-birth orders in Oklahoma
- Oklahoma surrogacy clinics
- FAQ for surrogacy in Oklahoma
Is Surrogacy Legal in Oklahoma?
The Oklahoma Gestational Agreement Act (House Bill 2468), which became effective May 15, 2019, legalized gestational surrogacy and established the framework for the enforcement of surrogacy contracts as well as the conditions in which pre-birth parentage orders can be granted. A pre-birth parentage 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 first be validated by the court prior to any embryo transfer.
Oklahoma is unique in that lawyers do pre-birth parentage orders through a validation process. Orders are issued before the embryo transfer, and are valid for any and all transfers under the carrier agreement. It also allows for the original birth certificate to have IPs’ names (with mo more than 2 IPs allowed). Validation orders can be approved about a week after filing.
All parties have to have psychological clearances by statute, and the evaluations need to be “in person”. Skype has been being accepted, but not phone interviews. There has to be evidence of medical necessity to use surrogacy, but this is easily accomplished with a letter or simple affidavit by an OBGYN or the fertility doctor of the intended mother. Single males and same-sex male couples can accomplish this just through an affidavit that they cannot carry a pregnancy to term as a man. Surrogates must have resided in Oklahoma for at least 90 days prior to entering the contract.
Otherwise, once the validation orders are issued, they are valid for all transfers under the agreement – even additional ones agreed to under the addendum. Validation orders are sent to the delivery hospital and vital statistics – usually around middle of second trimester.
Oklahoma Surrogacy Laws at a Glance
Can married couples get a pre-birth order in Oklahoma?
|Married heterosexual couple using own egg and own sperm||YES|
|Married heterosexual couple using an egg donor or sperm donor||YES|
|Married heterosexual couple using both an egg donor and sperm donor||YES|
Can unmarried couples get a pre-birth order in Oklahoma?
Can LGBT+ couples get a pre-birth order in Oklahoma?
Can single parents get a pre-birth order in Oklahoma?
Pre-Birth Orders in Oklahoma
Oklahoma courts grant pre-birth orders, but the Surrogacy Agreement must be validated prior to the embryo transfer. If at least one of the Intended parents is related to the child, both Intended Parents can be declared the legal parents in a pre-birth order. However, the intended parents must be a married couple in order for both to be declared the legal parents of the child. Single parents can obtain a pre-birth order even if they’re not genetically related to the child.
Following a pre-birth order, married Intended Parents will both be named on the original birth certificate, as stated in validation orders obtained prior to transfer – true whether heterosexual or same-sex. Single parents will be listed alone on the original birth certificate. Unmarried couples, either hetero or same-sex, cannot be listed together on the birth certificate, although one parent may apply as being single.
A pre-birth order takes approximately 1 week from the date of filing of the validation petition. A hearing is not required for a pre-birth order. Orders must be completed before the embryo transfer. The Intended Parents are not required to appear in court.
Post-Birth Orders in Oklahoma
Both Intended Parents can be declared the legal parents in a post-birth order, under the same circumstances as the pre-birth orders. That said, the 2019 statute advises that a pre-birth order is the only valid way to have a legally enforceable surrogacy contract in Oklahoma. There are mechanisms within the statute to get post-transfer validation orders if this is needed. A birth notice is issued after birth, and a post-birth order for immigration purposes can be grated at that time as well.
Following a post-birth order, married Intended Parents and Single Intended Parents will be named on the birth certificate, as long as they complied with the statute and validated the agreement. It does not matter if they are hetero or same-sex married Intended Parents, they will both go on original birth certificate. It also does not matter if a donor was used, both married Intended Parents would go on birth certificate as legal parents.
If filed with the notice of birth, a post-birth order takes approximately one week. A hearing is not required for a post-birth order and intended parents are not required to appear in court.
If an order is granted, same-sex parents will be named as Parent & Parent on the final birth certificate.
A same-sex couple cannot obtain an initial copy of the birth certificate showing the name of the surrogate and intended father. This is a problem for some international same-sex Intended Parents. Because the statute requires couples to be married, and that both married parents’ names go on original birth certificate.
Egg/sperm donors do not have any parental rights over the child as long as the validation process is followed.
Surrogacy Contracts in Oklahoma
The Oklahoma Gestational Agreement Act supports surrogacy agreements for married couples, straight or same-sex and single parents. For unmarried couples, the genetic parent can file as a single and deal with second parent adoption later.
In order to create an Oklahoma surrogacy agreement, intended parents and their surrogate must be represented by two separate surrogacy attorneys in Oklahoma. This is to ensure that each party’s rights and interests are protected and that the resulting contract is one both parties to the agreement are comfortable with.
The attorneys will negotiate a contract that addresses all important topics of a surrogacy journey, including:
- Rights and responsibilities of each party
- Potential risks and complications for each party
- Surrogate compensation and other important financial information
- Contact expectations before, during and after the surrogacy
- Hospital plans for the surrogate’s delivery
- How the intended parents will establish their parental rights
- And more
Once this contract is finalized and signed, the medical process of surrogacy can begin.
Best Surrogacy Clinics in Oklahoma
There are 3 fertility clinics in Oklahoma currently reporting data about IVF cases. Of these, there is one clinic that regularly performs “surrogacy-type” IVF cases. Surrogacy cases are those using a donor egg and frozen embryo transfers, which is the most common procedure in a surrogacy journey.
The top IVF clinic in Oklahoma has an average success rate of about 28.6% for each embryo transfer as reported by the Centers for Disease Control. That compares with 46.5% as the national average, which makes Oklahoma an unfavorable destination for a surrogacy journey in the United States.
Of the clinics performing surrogacy-type services, none reports live-birth rates above the national average.
Frequent Questions about Surrogacy in Oklahoma
Is surrogacy in Oklahoma legal?
The Oklahoma Gestational Agreement Act (House Bill 2468), which became effective May 15, 2019, legalized gestational surrogacy and established the framework for such contracts’ enforceability as well as the conditions in which pre-birth parentage orders are to be granted.
In which US states is surrogacy legal?
Surrogacy is legal and supported in almost all U.S. states, with only five with explicit laws forbidding surrogacy agreements. Even among 'unfriendly' states, surrogacy is often still possible, but there are legal obstacles to navigate to ensure your parental rights. Check out SENSIBLE's ratings of friendly surrogacy destinations in the U.S. and worldwide.
Are pre-birth orders possible in Oklahoma?
Oklahoma courts grant pre-birth orders, but the GC Agreement must be validated prior to transfer. If at least one of the Intended parents is related to the child Both Intended Parents can be declared the legal parents in a pre-birth order where at least one parent is genetically related to the child. However, they must be a married couple in order to be both IPs declared the legal parents of the child. Single parents can obtain a pre-birth order even if they’re not genetically related to the child.
Are surrogacy contracts valid in Oklahoma?
The Oklahoma Gestational Agreement Act allows and enforces surrogacy agreements for married couples, straight or same-sex and single parents. For unmarried couples, the genetic parent can file as a single and deal with second parent adoption later.
How much does surrogacy cost in Oklahoma?
The average cost of surrogacy ranges from $120,000 to $150,000 in the United States, but low-cost options start at less than $100,000. Overseas surrogacy costs as little as $50,000 in Eastern Europe or South America, to $80,000 in Western countries like the UK, Greece or Canada.
How much do surrogates earn?
SENSIBLE surrogate mothers make $50,000 to $70,000 for a surrogacy journey in the United States. The surrogate's total pay is separated into 'Base Salary' and 'Benefits'. Benefits usually include a monthly living stipend, maternity clothes, travel expenses, and other fees.
All legal information in the SENSIBLE website is intended only as a guide, and not a replacement for opinions of licensed legal professionals. Some information may have changed since the time of publication, or may not apply to the particular circumstances of your case. Please consult an attorney who is licensed in the jurisdiction with authority over your journey.
About the authors
Reviewer: Joni FranklinAs the owner of her own law firm since 2006, Joni is responsible for a full case load of workers compensation, personal injury, and family law cases. Joni has worked with hundreds and hundreds of injured workers from all careers and walks of life, she understands as a former injured worker herself just how difficult and frustrating the workers’ compensation process can be. She can be reached at Franklin Law Office.
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