An introduction to the laws of Assisted Reproductive Technology (ART) in the State of Oklahoma

Generally, is Oklahoma friendly to ART? Oklahoma is generally ART friendly.

Is Oklahoma friendly to non-married couples?  Oklahoma is not friendly to non-married couples.

Is Oklahoma friendly to LGBT families?  Oklahoma is friendly to LGBT families.

Is Oklahoma friendly to a single intended parent?  Oklahoma is friendly to a single intended parent.

Are there statutes in place for surrogacy in Oklahoma? Oklahoma does have surrogacy statutes.

Does Oklahoma have an embryo donation statute?  Oklahoma does have an embryo donation statute.

Does Oklahoma have an egg donation statute?  Oklahoma does have an egg donation statute.

Is gestational surrogacy (third party gamete use) permitted in Oklahoma?  Gestational surrogacy is permitted in Oklahoma.

In Oklahoma, is traditional surrogacy (use of the surrogate’s genetic material) permitted?  Traditional surrogacy is not permitted in Oklahoma.

Is compensated (paid) surrogacy allowed in Oklahoma by statute?  In practice?  Surrogacy compensation is permitted in Oklahoma by statute.

Is uncompensated (expense reimbursement only) surrogacy allowed in Oklahoma by statute?  In practice? Yes, by statute and practice, uncompensated surrogacy is allowed in Oklahoma.

Does Oklahoma only permit a Carrier to be reimbursed for expenses?  No, Oklahoma does not ONLY permit a carrier to be reimbursed for expenses.

Are surrogacy agreements enforceable, void or prohibited in Oklahoma? Surrogacy Agreements are enforceable if you follow Oklahoma law.

In Oklahoma , do both Intended Parents both have to be genetically related to the child?  Intended Parents do not both have to be genetically related to the child in Oklahoma.

Does Oklahoma require at least one Intended Parent to be genetically related to the child? Oklahoma does not require at least one intended parent to be genetically related to the child.

If a single intended parent uses surrogacy in Oklahoma, do they have to be genetically related to the child? Single intended parents do not haver to be genetically related to the child in Oklahoma.

Does Oklahoma law require the Intended Parents be married? Two intended parents in a surrogacy must be married in Oklahoma.

Do two Intended Parents have to be opposite gender in Oklahoma? Intended Parents do not have to be opposite gender in Oklahoma.

Does Oklahoma allow pre-birth parentage orders to be issued for surrogacy? Oklahoma requires a pre-birth parentage order before an embryo transfer can take place for a surrogacy.

Does Oklahoma only allow a post-birth parentage order to be issued? No, the parties must do validation by the court before an embryo transfer in Oklahoma.

Can you obtain both a pre and post birth order in Oklahoma for the same child?  You can obtain both a pre and post birth order in Oklahoma for the same child.

Can you obtain a parentage order if only the carrier resides in Oklahoma? You can obtain a parentage order if only the carrier resides in Oklahoma.

Can you obtain a parentage order if only the intended parents reside in Oklahoma? You cannot obtain a parentage order if only the intended parents reside in Oklahoma.

Can you obtain a parentage order if only the birth occurs in Oklahoma? You can obtain a parentage order if only the birth occurs in Oklahoma.

Can you obtain a parentage order if only the medical procedures/IVF Clinic is in Oklahoma? You can not obtain a parentage order if only the medical procedures/IVF Clinic is in Oklahoma.

What is the basis for venue in Oklahoma? Statute controls the proper venue in Oklahoma.

Do results vary by venue in Oklahoma? Sometimes the results vary by venue in Oklahoma.

Does Oklahoma require a hearing for a parentage order? Oklahoma does require a hearing for a parentage order.

Does Oklahoma have a passport office? Oklahoma does have a passport office.

How long does it take to obtain a birth certificate in Oklahoma? The timeline to obtain a birth certificate in Oklahoma varies.

Will Oklahoma vital records honor a parentage order from another state? Sometimes vital records in Oklahoma will honor a parentage order from another state.

Does Oklahoma vital records office require a parentage order from another state to be registered?  Oklahoma vital records will require a parentage order from another state to be registered in Oklahoma.

How does an Oklahoma birth certificate list same-sex parents? Oklahoma vital records lists same-sex parents as “Parent/Parent” on the birth certificate.

Can an Oklahoma initial birth certificate be obtained naming the biological parent and the carrier? An Oklahoma initial birth certificate cannot be obtain naming the biological parent and the carrier.

Can the Oklahoma birth certificate be amended to include only the biological parent or both intended parents? No, an Oklahoma birth certificate can only contain the two intended parents to start with.

Do Oklahoma amended birth certificates say “amended” on them? An Oklahoma amended birth certificates does not say “amended” on them.

Can intended parents in a surrogacy obtain an Oklahoma adoption order?  No, intended parents in a surrogacy can not obtain an adoption order in Oklahoma.

Assisted Reproduction law and surrogacy involves many complex issues.  Parties who are contemplating engaging in a surrogacy arrangement in the state of Oklahoma should not rely exclusively on these printed responses.  All these issues should be discussed with an Oklahoma ART attorney who is experienced in surrogacy law.  Answers to these questions will be impacted by numerous circumstances that are unique to your surrogacy arrangement.