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Oklahoma Surrogacy Law Overview

The Center for Surrogate Parenting walks you through Oklahoma surrogacy law

Surrogacy is a beautiful family-building method. However, it can be complex, especially when it comes to the laws surrounding it. Thankfully, our experienced surrogacy agency is well-versed in the surrogacy laws of each state, including Oklahoma surrogacy law. In fact, the Center for Surrogate Parenting (CSP) has completed several finalizations of parental rights in this state.

As the oldest surrogacy agency in the world, we have helped U.S. and international parents to welcome healthy babies with help from U.S. surrogates. We are proud to say that we have never experienced issues with intended parents being able to bring their babies home.

To help you learn more about Oklahoma surrogacy law and how to create a surrogacy contract, we’ve included some basic information below. You can also contact us for more information.

    • Is a surrogacy contract valid and enforceable?

      Surrogacy is expressly permitted by the new Oklahoma surrogacy legislation enacted in 2019. Pursuant to the new laws, Oklahoma now has standardized processes, procedures and protections in place for those who wish to engage in a surrogacy arrangement.

    • Does the state have surrogacy laws and/or case law?

      The Oklahoma Gestational Carrier Act legalized gestational surrogacy and established the framework for such contracts’ enforceability and the conditions in which pre-birth parentage orders are to be granted.

    • Are the courts typically favorable or unfavorable towards surrogacy arrangements?

      Oklahoma courts are typically favorable towards surrogacy arrangements, especially now with the new legislation in place.

    • Is commercial surrogacy legal?

      Commercial surrogacy is legal in Oklahoma and the intended parents are permitted to compensate the surrogate for her time and expenses. Such compensation is typically arranged for in a surrogacy contract.

    • Is traditional surrogacy permitted?

      Yes, but only if it is an altruistic (not compensated) traditional surrogacy arrangement. Compensated traditional surrogacy arrangements are specifically prohibited in Oklahoma. Moreover, although uncompensated traditional surrogacy is not specifically prohibited, it is still unprotected under the new legislation.

    • Is gestational surrogacy allowed?


    • What are the requirements for an enforceable surrogacy contract?

      A surrogacy contract shall be binding and enforceable if it is in writing, signed by all parties and notarized. The surrogate and intended parents must have independent legal counsel and meet specific requirements. The agreement must include provisions that discuss the legal, financial, and contractual rights, expectations, penalties and obligations of the surrogacy agreement.

    • Are pre-birth and post-birth orders permitted?

      A pre-birth parentage order may be obtained by a single intended parent or by a married couple, regardless of the genetic connection to the child. An unmarried couple may also typically obtain a pre-birth order if at least one of them is genetically related to the child. But, in any case, the gestational carrier agreement must first be validated by the court prior to any embryo transfer for a pre-birth order to be issued.

    • Can both intended parents be declared the legal parents?

      Yes, if at least one intended parent is genetically related to the child, regardless of marital status or sexual orientation. However, if neither intended parent is genetically related to the child, then yes only if they are a married heterosexual couple and the recipients of an embryo donation.

    • Will the state honor a pre-birth order issued by another state?

      It varies, but if it is honored by Oklahoma Vital Records, then the birth certificate will likely take longer to be issued and will likely need to be mailed to the intended parents.

    • What do intended parents need to know about getting the baby’s birth certificate?

      The intended parents will receive the birth certificate within 2 weeks if they go to Vital Records in person and if the delivery hospital has sent all the necessary documents to Vital Records. If done by mail, the timeframe varies from two to four weeks. Same-sex couples are listed as Father and Mother.

      International gay couples can obtain an initial birth certificate that names the biological father and gestational carrier. However, the genetically related father will be required to first sign an affidavit at the hospital attesting that he is the genetic father and the surrogate husband will be removed from the birth certificate. They can subsequently obtain a birth certificate that names the biological father or both fathers only, with no mention of the gestational carrier.

    • Are post-birth adoptions permitted?

      Intended parents who are unable to obtain a parentage order will be required to complete a post-birth adoption in order to obtain and secure their legal parental rights. Specifically, a post-birth adoption will be necessary when neither parent is genetically related to the child and the parents are either unmarried or single or are married and are not recipients of an embryo donation. However, only married intended parents can file for adoption in Oklahoma because the state only allows for stepparent adoptions and does not permit second parent adoptions.

    • Are second-parent adoptions permitted?

      Second-parent adoptions are not permitted in Oklahoma, so unmarried intended parents will be required to pursue a second-parent adoption outside the state to secure his or her legal parental rights.

    • Are stepparent adoptions permitted?

      Yes, and they are available to married couples.

VorzimerMasserman Disclaimer: This is a summary for informational use only and should not be relied upon for legal advice. Please note that the state laws regarding surrogacy frequently change and vary from county to county. The attorneys of VorzimerMasserman are only licensed in California. VorzimerMasserman shall not be responsible for any liability associated with this list.