{"data":{"id":"us-ok/okla.-stat.-tit.-10-10-557.10","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 10, § 10-557.10","heading":"Required findings to validate an agreement – Court","body":"order of validation – Review - Deficiencies.\n\nA. A court may validate a gestational agreement only as\n\nprovided by this section.\n\nB. A gestational agreement may be validated under the Oklahoma\n\nGestational Agreement Act only if the court finds by a preponderance\n\nof the evidence that:\n\n1. The court has jurisdiction over all parties to the\n\ngestational agreement;\n\n2. The parties to the gestational agreement meet all the\n\nrequirements set forth in this act for such parties and all\n\nnecessary parties to the gestational agreement have entered into the\n\ngestational agreement;\n\n3. The gestational agreement meets all the requirements for\n\ngestational agreements set forth in this act;\n\n4. The medical evidence provided shows that the intended parent\n\nis unable to carry a pregnancy to term and give birth to a child or\n\nis unable to carry a pregnancy to term and give birth to a child\n\nwithout unreasonable risk to the intended parent's physical or\n\nmental health or to the health of the unborn child;\n\n5. Each party to the gestational agreement has been advised by\n\nlegal counsel in compliance with this act and has voluntarily\n\nentered into and understands the terms of the gestational agreement;\n\n6. The gestational carrier has given birth to at least one\n\nchild and carrying another pregnancy to term and giving birth to\n\nanother child would not pose an unreasonable risk to that child's\n\nhealth or the physical or mental health of the gestational carrier;\n\nand\n\n7. The intended parents have made guardianship provisions for\n\nthe prospective child by amending their existing estate planning\n\ndocuments or by executing estate planning documents containing such\n\nprovisions if they previously had no existing estate planning\n\ndocuments.\n\nC. If the court finds that the requirements of subsection B of\n\nthis section are satisfied, then the court shall render an order\n\nthat:\n\n1. Validates the gestational agreement and declares that the\n\nintended parents will be the sole parents of any child born under\n\nthe gestational agreement;\n\n2. Orders that each intended parent who is a party to the\n\ngestational agreement be listed as a parent on such child's\n\ncertificate of birth to be filed with the state registrar of vital\n\nstatistics as provided by Oklahoma law and that neither the\n\ngestational carrier nor any spouse of the gestational carrier shall\n\nbe listed on said certificate of birth;\n\n3. Orders the hospital, birthing facility or any other medical\n\nfacility where such child is born to recognize the intended parents\n\nas the legal parents of such child for all purposes immediately upon\n\nthe birth of such child; and\n\n4. Unless the gestational agreement provides otherwise, orders\n\nthe hospital, birthing facility or any other medical facility where\n\nsuch child is born to grant the intended parents the following\n\nrights:\n\na. the right to immediate custody of and access to such\n\nchild upon birth,\n\nb. the right to name such child,\n\nc. the right to make any and all health decisions\n\nregarding such child upon birth, and\n\nd. the right to be designated as the people to be issued\n\narmbands or other security devices identifying them as\n\nthe parents of such child. The gestational carrier\n\nand any spouse of the gestational carrier shall not\n\nreceive such armbands or security devices unless it is\n\nmedically necessary for such child's welfare.\n\nD. For good cause shown, a court may validate a gestational\n\nagreement even though it was not validated at the time of transfer\n\nof gametes or embryos to the gestational carrier for the purpose of\n\nconception or implantation, provided that such gestational agreement\n\nwas entered into by all necessary parties to the gestational\n\nagreement prior to the time of transfer of such gametes or embryos\n\nto the gestational carrier for the purpose of conception or\n\nimplantation, and provided that the court finds that all other\n\nrequirements needed to validate a gestational agreement under this\npose of\n\nconception or implantation, provided that such gestational agreement\n\nwas entered into by all necessary parties to the gestational\n\nagreement prior to the time of transfer of such gametes or embryos\n\nto the gestational carrier for the purpose of conception or\n\nimplantation, and provided that the court finds that all other\n\nrequirements needed to validate a gestational agreement under this\n\nact have been satisfied.\n\nE. The court may rely solely on affidavits, declarations,\n\ntestimony, other competent evidence or any combination thereof in\n\nmaking its determination as to whether the requirements to validate\n\na gestational agreement have been satisfied. A court need not\n\nconduct an evidentiary hearing if it finds that the documentary\n\nevidence supplied by the parties petitioning to validate a\n\ngestational agreement is sufficient to show by a preponderance of\n\nthe evidence that the requirements to validate the agreement are\n\nsatisfied.\n\nF. The court's determination as to whether or not the\n\nrequirements to validate a gestational agreement have been satisfied\n\nis subject to review only for abuse of discretion.\n\nG. If the court determines that the gestational agreement does\n\nnot meet the necessary requirements to be validated, the court shall\n\nissue an order identifying with specificity each deficiency that it\n\nfound which prevents it from validating the gestational agreement.\n\nThe parties may thereafter amend the gestational agreement or cure\n\nany other identified deficiencies and thereafter file an amended\n\npetition to validate the gestational agreement. The same\n\nrequirements shall apply to validating an amended gestational\n\nagreement as would apply to validating an original gestational\n\nagreement. The parties may amend as many times as needed to cure\n\nany deficiencies identified by the court.","path":["OK Code","Title 10"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os10.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"05ef5406e8e4609862745ca0ff1a02d7c29cf60cdc2e36464753dbe1ea90a59b","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-10-10-557.1","next":"us-ok/okla.-stat.-tit.-10-10-557.11"},"notice":"GroundRules: Original legal text. Not legal advice."}