The Oklahoma Gestational Agreement Act: What You Need to Know
The Oklahoma Gestational Agreement Act is a law that was enacted to address the legal issues surrounding gestational surrogacy arrangements in Oklahoma. It establishes guidelines for gestational surrogacy agreements and ensures that the parties involved in the surrogacy process are protected and their rights are recognized.
Gestational surrogacy is a process in which a woman carries a pregnancy for another individual or couple who are unable to conceive naturally. In traditional surrogacy, the surrogate is genetically related to the child, but in gestational surrogacy, the surrogate is not genetically related to the child. Instead, the intended parents provide the egg and sperm, which are then implanted into the surrogate`s uterus.
The Oklahoma Gestational Agreement Act defines a gestational carrier as a woman who agrees to carry a child to term for another individual or couple, using the intended parent(s)’ sperm, egg, or both. The act requires that all gestational surrogacy agreements be in writing and signed by all parties involved, including the gestational carrier and the intended parents.
The Oklahoma Gestational Agreement Act outlines various requirements that must be met in order for a gestational surrogacy agreement to be valid. These requirements include the following:
– The gestational carrier and the intended parents must undergo medical and psychological evaluations to ensure that they are suitable candidates for the surrogacy process.
– The gestational carrier must be at least 21 years of age.
– The intended parents must be at least 18 years of age.
– The gestational carrier cannot be genetically related to the child.
– The gestational carrier must have already given birth to at least one child.
– The gestational carrier must be fully informed of the medical risks associated with the surrogacy process and must voluntarily consent to participate in the agreement.
– The gestational surrogacy agreement must be executed prior to the implantation of the egg or embryo into the gestational carrier.
The Oklahoma Gestational Agreement Act also addresses issues related to parental rights. It provides that the intended parents are the legal parents of the child once the child is born, and that the gestational carrier has no parental rights or responsibilities. The act also establishes procedures for the determination of parental rights in the event of a dispute.
In summary, the Oklahoma Gestational Agreement Act provides guidelines and protections for individuals and couples who choose to pursue gestational surrogacy in Oklahoma. It ensures that all parties involved in the surrogacy process are fully informed, protected, and have their rights recognized. If you are considering gestational surrogacy, it is important to consult with an experienced attorney who can help you navigate the legal requirements and ensure that your rights are protected.
