Oklahoma
PRE BIRTH OR POST BIRTH ORDER
Pre-transfer and post-birth order.
The surrogacy agreement must be validated prior to transfer and, within 21 days following the birth, the court must be notified of the birth. Upon receiving notice, the court will issue a post-birth judgment.
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Married Hetero Couple |
Unmarried Hetero Couple |
Married Same-Sex Couple |
Unmarried Same-Sex Couple |
Single Parent |
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One Bio Connection |
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√ |
√ |
√ |
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Two Bio Connections |
√ |
√ |
√ |
√ |
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No Bio Connections |
√ |
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ACCEPTANCE OF CALIFORNIA PRE-BIRTH ORDER
Yes; Order must include EDD, child(ren)'s name, expected place of delivery, all parties' dates of birth, places of birth and current addresses.
GC is listed as "mother" at time of birth; no birth certificate is issued with her name, unless it's requested in the Order.
Order should be sent to Sue A. Bordeaux (SueB@health.ok.gov). Sue’s phone number is 405-271-8552.
Oklahoma Division of Vital Records
ATTN: Sue A. Bordeaux
1000 NE 10th Street
Oklahoma City, OK 73117
Birth Certificates
Timing - Varies by county, but the typical time frame is 5-10 business days.
Title - Parents can choose to be listed as father or mother.
GC - The initial birth certificate can include the name of the GC with the name of an IP. The birth certificate can later be revised to remove the name of the GC.
statutes / case law
Gestational Surrogacy is permitted by statute, House Bill 2468.
Is there a statute or published case law that addresses the rights of a donor over the resulting eggs, sperm, embryo or child? Yes. Okla. Stat. 10-555 states that an egg donor has not rights or obligations with respect to any resulting child. Okla. Stat. 10-552 addresses sperm donation and Okla. Stat. 10-556 addresses embryo donation.
Venue
The parties can consent to venue.
Do results vary by venue? Yes.
Are motions to waive venue accepted? Yes.
Electronic signatures / e-notarizaTIONS
Traditional signatures and traditional notarizations required.
Second / step parent adoptions
Can the non-biological parent in a same-sex couple obtain a second parent adoption based solely on the fact that the child was born in the state (i.e., neither of the Intended Parents lives in the state)? No.
Will courts grant second parent adoptions or stepparent adoptions to heterosexual couples living in the state? Yes.
Does the couple need to be married? Unknown.
Will courts grant second parent adoptions or stepparent adoptions to same-sex couples living in the state? Yes.
Does the couple need to be married? Unknown.
Preferred COUNSEL
Becki Murphy
Megan Martin
Murphy Francy PLLC
252 West 16th Street
Tulsa, OK 74119
(918) 895-8200