Oklahoma Gestational Agreement Act
Compensation27 A replacement may receive an appropriate allowance for the child`s transportation. The amount must be negotiated in good faith between the parties. The amount of compensation should not be related to the quality or genomic characteristics of the sperm, eggs, gametes, embryos or the resulting child. However, compensation may vary depending on the number of embryos implanted, the number of assisted reproductive procedures for the pregnancy carrier to become pregnant, the number of children with whom the pregnancy carrier becomes pregnant and the length of the pregnancy. New legislation in the state of Oklahoma, which comes into effect on May 15, 2019, provides, under certain conditions, for ventilation devices and enforceable antenatal ordinances. Here you will find the new law 2468. That year, the legislature passed House Bill 24684, The procedure allows a court to authorize a contract between parents who wish to have a child by surrogacy and a replacement to allow the surrogate mother to carry the child and return the child to the intentional parents.6 7 Traditional surrogacy in Oklahoma is treated as an adoption and must therefore be uncompensated. In a 1983 statement by the Attorney General, it was stated that compensated surrogacy agreements are prohibited by the status of Oklahoma Trafficking. Okla. Stat. 21 O.S. 866. But the most interesting thing is that once the requirements are met, the validation petition and court order must be completed before an embryo is transferred to the substitute`s uterus – aka before a conception has taken place! If the agreement is not confirmed in court before conception, the agreement cannot be applicable, meaning there could be confusion about the baby`s legal parents.
DECE AND SUCCESSION In the event that an intentional parent pre-exists the birth of a child subject to a validated pregnancy agreement, the resulting child will be placed in the custody of the surviving parent at birth. If there are no intentional surviving parents, custody of the child is determined by the guardianship provisions of the estate planning documents contemplated by the intentional parents.