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

Related Articles:

• How does surrogacy work?
• Managing the cost of surrogacy
• SENSIBLE low-cost programs & prices

 

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?

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.
 

 

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.

 

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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.
 

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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 surrogates 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.