Okla. Stat. tit. 10, § 10-557.21: Death of intended parent prior to birth of child –

Testamentary and inheritance rights.

A. In the event that an intended parent predeceases the birth

of a child contemplated by a validated gestational agreement, the

terms and conditions of the gestational agreement shall remain in

full force and effect, and upon birth the resulting child shall be

delivered into the sole care and custody of the surviving intended

parent, if an intended parent so survives. If there are no

surviving intended parents, the child shall be delivered into the

sole care and custody of the guardian nominated in the estate

planning documents of the intended parents. If no such guardian

will accept or is fit to accept the sole care and custody of the

child, or if no valid estate planning documents of the intended

parents are then in effect, the child shall be delivered into the

sole care and custody of a guardian designated by the court as

provided by Oklahoma law, and in such instances nothing in the

Oklahoma Gestational Agreement Act shall prohibit a gestational

carrier or gestational spouse from being designated by the court as

the child's guardian.

B. Any child conceived by assisted reproduction and pursuant to

the terms of a validated gestational agreement shall have all

testamentary and inheritance rights from the intended parents and

shall have no testamentary or inheritance rights from the

gestational carrier or any spouse of the gestational carrier if she

is married. The intended parents shall have testamentary and

inheritance rights from the resulting child as parents, and the

gestational carrier and any spouse of the gestational carrier if she

is married shall have no testamentary or inheritance rights from the

resulting child as parents.