Opting for Gestational Surrogacy in Oklahoma
It is permissible to go for Gestational Surrogacy in the state of Oklahoma because no statutory law or jurisdictional act restricts it.
Are the pre-natal parenthood orders granted?
Some courts do grant the orders for pre-natal parentage however others only provide post-birth parenthood orders. There’s a change in the result as per county.
Post-birth Orders for Parenthood
Is it possible for both the Aspiring Parents to be professed as the juristic or legal parents in a post-natal order if one of the parents has a genetic link with the child?
Note: As mentioned above, in some of the counties the order can be granted for pre-natal parenthood, but in other counties, the order can be acquired for post-natal parenthood.
Married straight or heterosexual couple with own sperm and egg: Yes
Married straight or heterosexual couple with donated egg or sperm: Yes
Unmarried straight or heterosexual couple with own egg and sperm: Yes
Unmarried straight or heterosexual couple with donated sperm or egg: Yes
Same-sex or homosexual couple with donated egg or sperm: Yes
Single parent using own sperm or egg: Yes
Is the declaration of both the Intended or Aspiring Parents as the legal parents possible in a pre-birth or pre-natal parentage order, if no parent has a genetic relationship with the child?
Married straight or heterosexual couple: Yes, if they have received an embryo donation, which has been expressly allowed or permitted by statute Okla. Stat. 10-556 to a straight couple.
Unmarried straight or heterosexual couple: No
Same-sex or homosexual couple: For unmarried couples, it is not permitted in any situation. Not sure for married couples.
Single parent: No
What is the venue for filing the petition?
The venue can be decided as per the consent of all the involved parties, consequently served by the court’s decision to approve the venue.
Do results change as per venue?
Are requests for changing or waiving the venue accepted?
Is there a need for hearing to acquire or obtain a parenthood order?
Yes, it is required in some counties.
Is it possible to obtain a parenthood order in Oklahoma only based on the reason that it is the birthplace of the child?
Yes, it can be obtained in some counties.
Will Oklahoma Vital Records recognize a pre-natal parentage order from some other state?
Sometimes. But it may take some time to receive the Certificate and it may be sent to the parents by mail.
Is there any time limit to acquire the birth certificate post-delivery?
The certificate for birth can be acquired within a time of two weeks from the day the birth took place if the parents physically approach Oklahoma Vital Records and the required documents are sent to Vital Records by the hospital. If approached by mail, it could take time from two weeks to four months.
Same-sex or Homosexual Couples
How are the names of the homosexual parents placed on the final certificate of birth?
Father & Mother
Can an initial birth certificate be granted to homosexual or same-sex couple from another country, if they provide the name of the gestational carrier and biological father?
Yes, but it is required for the biologically or genetically related father to sign an Affidavit at the hospital attesting and establishing his genetic connection with the child. Post that, the Gestational Carrier’s husband is removed from the certificate of birth.
Can a birth certificate be obtained subsequently only by naming the genetically related father (or both fathers), without mentioning the name of the Gestational Carrier?
Is it possible for the homosexual couple, not biologically related to the child, to acquire or obtain an order for second/companion parent adoption just based on the fact that the child birth took place in Oklahoma?
No. Courts in the state do not permit second/companion parent adoptions.
If no, will Oklahoma Vital Records consider or recognize a second/companion parent adoption order from some other state and add the second parent to the certificate of birth?
Adoptions of the Second/companion Parent and Step-parent by Oklahoma Residents
Currently, the Oklahoma jurisdiction does not grant adoption orders for second/companion parents to the Oklahoma residents.
Sperm and Egg Donation
Is there a legal case or statute that applies to the rights related to the results of surrogacy like egg, embryo, sperm, or child?
Yes, Okla. Stat. 10-555 mentions that no right or obligation rests with the egg donor if the childbirth takes place through donation. The same goes for the child towards the donor. Okla. Stat.10-552 has a similar clause but considers sperm donation. Okla. Stat. 10-556 takes embryo donation into consideration.
Conventional Surrogacy in Oklahoma
Conventional Surrogacy is considered as adoption in the state and, therefore, must be uncompensated. An opinion by the Attorney General given in the year 1983 professed that compensated agreements on surrogacy should be prohibited and it stands restricted till date.
Please Note: Since laws of any state pertaining to egg donation or surrogacy may change at any time, the above statements may not be accurate at the time of the match and reproductive attorney consultation is necessary, the referral can be provided through Rite Options.