{"data":{"id":"us-ok/okla.-stat.-tit.-10-10-557.6","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 10, § 10-557.6","heading":"Agreement requirements - Validation","body":"A. A gestational agreement must meet the following requirements\n\nin order for it to be validated:\n\n1. The gestational agreement must be in writing;\n\n2. The gestational agreement must be acknowledged before a\n\nnotary public by each of the parties;\n\n3. All parties to the gestational agreement must be represented\n\nby legal counsel regarding the gestational agreement, and the\n\nparties to the gestational agreement may share legal counsel\n\nprovided that the gestational carrier and gestational spouse, if\n\napplicable, must have legal counsel that is separate and independent\n\nfrom the legal counsel for the intended parents; and\n\n4. The gestational agreement must contain a written statement,\n\nsigned by each party's legal counsel, identifying which parties to\n\nthe gestational agreement such counsel represents and stating that\n\nsuch counsel has advised such parties of the potential legal\n\nconsequences of entering into the gestational agreement.\n\nB. A gestational agreement must contain terms providing each of\n\nthe following in order for it to be validated:\n\n1. That each party to the gestational agreement consents to\n\npersonal jurisdiction in the courts of Oklahoma for all matters\n\nconnected with the gestational agreement and all matters concerning\n\nthe parentage of any child born as part of the gestational carrier\n\narrangement;\n\n2. That the gestational carrier agrees to pregnancy by means of\n\nassisted reproduction;\n\n3. That the gestational carrier and the gestational spouse, if\n\napplicable, relinquish all parental rights and obligations with\n\nrespect to any child contemplated by the gestational agreement that\n\nis conceived or implanted through assisted reproduction and shall\n\nsurrender all legal and physical custody of that child to the\n\nintended parents immediately upon birth of that child;\n\n4. That the intended parents shall be the sole parents of any\n\nchild born pursuant to the gestational carrier arrangement and that\n\nsuch intended parents shall be entitled to and shall accept legal\n\nand physical custody of the child and all parental rights and\n\nobligations with respect to such child immediately upon the child's\n\nbirth, regardless of the mental or physical condition of such child\n\nor the number of such children; provided, however, that such child\n\nis not a genetic child of the gestational carrier or the gestational\n\nspouse;\n\n5. That the gestational carrier, the gestational spouse, if\n\napplicable, and each intended parent agree to exchange throughout\n\nthe period covered by the gestational agreement all relevant\n\ninformation regarding their respective health;\n\n6. That any gametes used in the assisted reproduction procedure\n\nshall be retrieved from an intended parent or a donor and not the\n\ngestational carrier or the gestational spouse;\n\n7. The identity of one or more physicians or one or more\n\nmedical facilities that will or may perform the assisted\n\nreproduction procedure contemplated by the gestational agreement;\n\n8. A statement acknowledging that at least one or more\n\nphysicians or medical facilities that will or may perform the\n\nassisted reproduction procedure as provided by the gestational\n\nagreement has informed the necessary parties to the gestational\n\nagreement of:\n\na. the rate of successful conceptions and births\n\nattributable to the procedure, including the most\n\nrecent published outcome statistics of the procedure\n\nat the facility at which it will be performed,\n\nb. the potential for and risks associated with the\n\nimplantation of multiple embryos and consequent\n\nmultiple births resulting from the procedure,\n\nc. the nature of and expenses related to the procedure,\n\nd. the health risks associated with, as applicable,\n\nfertility drugs used in the procedure, egg retrieval\n\nprocedures and egg or embryo transfer procedures, and\n\ne. reasonably foreseeable psychological effects resulting\n\nfrom the procedure; and\ne\n\nimplantation of multiple embryos and consequent\n\nmultiple births resulting from the procedure,\n\nc. the nature of and expenses related to the procedure,\n\nd. the health risks associated with, as applicable,\n\nfertility drugs used in the procedure, egg retrieval\n\nprocedures and egg or embryo transfer procedures, and\n\ne. reasonably foreseeable psychological effects resulting\n\nfrom the procedure; and\n\n9. The identity of which party or parties are responsible for\n\nthe reasonable medical, legal and travel expenses associated with\n\nthe gestational carrier arrangement, including providing for who is\n\nresponsible for those expenses if the gestational agreement is\n\nterminated.\n\nC. The Oklahoma Gestational Agreement Act shall not apply to\n\nany child conceived by means of sexual intercourse, and a\n\ngestational agreement shall not apply to any child so conceived.\n\nD. The inclusion in a gestational agreement of any one or more\n\nof the following provisions shall not constitute cause for a court\n\nto deny the validation of the gestational agreement, and such\n\nprovisions in a validated gestational agreement shall be\n\nenforceable:\n\n1. The gestational carrier's agreement to undergo all medical\n\nexaminations, treatments and fetal monitoring procedures recommended\n\nfor the success of the pregnancy by the physician providing care to\n\nthe gestational carrier during the pregnancy;\n\n2. The gestational carrier's agreement to abstain from any\n\nactivities that the intended parents or the physician providing care\n\nto the gestational carrier during the pregnancy reasonably believe\n\nto be harmful to the pregnancy or the future health of any resulting\n\nchild, including, without limitation, smoking, drinking alcohol,\n\nusing nonprescribed drugs, using prescription drugs not authorized\n\nby a physician aware of the pregnancy, exposure to radiation or any\n\nother activity proscribed by a health care provider;\n\n3. The agreement of the intended parents to pay the gestational\n\ncarrier reasonable compensation;\n\n4. The agreement of the intended parents to pay for or\n\nreimburse the gestational carrier or any spouse of the gestational\n\ncarrier for reasonable expenses, including, without limitation,\n\nmedical, legal or other professional expenses or lost time from work\n\nrelated to the gestational carrier arrangement or the gestational\n\nagreement; and\n\n5. Any other agreement of the parties not contrary to this act\n\nor any other applicable law.","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":"525659b7a0ddddb1c553a4a33003cdb85cd60c284a4b91ff4c772036aea1dc2f","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-10-10-557.5","next":"us-ok/okla.-stat.-tit.-10-10-557.7"},"notice":"GroundRules: Original legal text. Not legal advice."}