Oklahoma Surrogacy Laws & Policies

Category

Moderate

Gestational Surrogacy & Court Validation

Oklahoma has enacted the Oklahoma Gestational Agreement Act (HB 2468), which allows gestational surrogacy agreements, provided they are validated by a court before embryo transfer.

Traditional Surrogacy

Traditional (genetic) surrogacy in Oklahoma is treated more like adoption and must be uncompensated. Agreements involving payment are considered invalid under the trafficking statute.

Pre-Birth Parentage Orders

For gestational surrogacy agreements that are properly court-validated, pre-birth parentage orders can be issued. These orders generally take effect after birth.

Same-Sex Parents

Same-sex intended parents using a donor egg or sperm can be recognized under Oklahoma law.

• For married same-sex couples: it’s not clearly settled whether post-birth parentage orders will always be granted when no parent has a genetic link to the child.
• For unmarried same-sex couples: no for post-birth orders when neither parent is genetically related.
• On the birth certificate: same-sex parents in Oklahoma may be listed as “Father and Mother” under certain circumstances.
• International same-sex male couples can initially get a certificate naming the biological father and gestational carrier (if the father signs an affidavit). Later, they may obtain a certificate naming only the intended father(s), omitting reference to the carrier.

Birth Certificate Timing

After birth per Oklahoma procedures

Recognition of Out-of-State Orders

Birth certificate issued after birth. Oklahoma Vital Records will honor a valid parentage order from another state and add the second parent.

Adoption Options

Oklahoma courts currently do not grant second-parent adoptions for residents. However, the state will recognize a second-parent adoption completed in another jurisdiction by adding the parent to the Oklahoma birth record.