§ 10-557.10 — Required findings to validate an agreement – Court

order of validation – Review - Deficiencies. A. A court may validate a gestational agreement only as provided by this section. B. A gestational agreement may be validated under the Oklahoma Gestational Agreement Act only if the court finds by a preponderance of the evidence that: 1. The court has jurisdiction over all parties to the gestational agreement; 2. The parties to the gestational agreement meet all the requirements set forth in this act for such parties and all necessary parties to the gestational agreement have entered into the gestational agreement; 3. The gestational agreement meets all the requirements for gestational agreements set forth in this act; 4. The medical evidence provided shows that the intended parent is unable to carry a pregnancy to term and give birth to a child or is unable to carry a pregnancy to term and give birth to a child without unreasonable risk to the intended parent's physical or mental health or to the health of the unborn child; 5. Each party to the gestational agreement has been advised by legal counsel in compliance with this act and has voluntarily entered into and understands the terms of the gestational agreement; 6. The gestational carrier has given birth to at least one child and carrying another pregnancy to term and giving birth to another child would not pose an unreasonable risk to that child's health or the physical or mental health of the gestational carrier; and 7. The intended parents have made guardianship provisions for the prospective child by amending their existing estate planning documents or by executing estate planning documents containing such provisions if they previously had no existing estate planning documents. C. If the court finds that the requirements of subsection B of this section are satisfied, then the court shall render an order that: 1. Validates the gestational agreement and declares that the intended parents will be the sole parents of any child born under the gestational agreement; 2. Orders that each intended parent who is a party to the gestational agreement be listed as a parent on such child's certificate of birth to be filed with the state registrar of vital statistics as provided by Oklahoma law and that neither the gestational carrier nor any spouse of the gestational carrier shall be listed on said certificate of birth; 3. Orders the hospital, birthing facility or any other medical facility where such child is born to recognize the intended parents as the legal parents of such child for all purposes immediately upon the birth of such child; and 4. Unless the gestational agreement provides otherwise, orders the hospital, birthing facility or any other medical facility where such child is born to grant the intended parents the following rights: a. the right to immediate custody of and access to such child upon birth, b. the right to name such child, c. the right to make any and all health decisions regarding such child upon birth, and d. the right to be designated as the people to be issued armbands or other security devices identifying them as the parents of such child. The gestational carrier and any spouse of the gestational carrier shall not receive such armbands or security devices unless it is medically necessary for such child's welfare. D. For good cause shown, a court may validate a gestational agreement even though it was not validated at the time of transfer of gametes or embryos to the gestational carrier for the purpose of conception or implantation, provided that such gestational agreement was entered into by all necessary parties to the gestational agreement prior to the time of transfer of such gametes or embryos to the gestational carrier for the purpose of conception or implantation, and provided that the court finds that all other requirements needed to validate a gestational agreement under this act have been satisfied. E. The court may rely solely on affidavits, declarations, testimony, other competent evidence or any combination thereof in making its determination as to whether the requirements to validate a gestational agreement have been satisfied. A court need not conduct an evidentiary hearing if it finds that the documentary evidence supplied by the parties petitioning to validate a gestational agreement is sufficient to show by a preponderance of the evidence that the requirements to validate the agreement are satisfied. F. The court's determination as to whether or not the requirements to validate a gestational agreement have been satisfied is subject to review only for abuse of discretion. G. If the court determines that the gestational agreement does not meet the necessary requirements to be validated, the court shall issue an order identifying with specificity each deficiency that it found which prevents it from validating the gestational agreement. The parties may thereafter amend the gestational agreement or cure any other identified deficiencies and thereafter file an amended petition to validate the gestational agreement. The same requirements shall apply to validating an amended gestational agreement as would apply to validating an original gestational agreement. The parties may amend as many times as needed to cure any deficiencies identified by the court.

Legislative History

Added by Laws 2019, c. 433, § 11, emerg. eff. May 23, 2019.