§ 10-557.2 — Definitions.

As used in the Oklahoma Gestational Agreement Act: 1. "Act" means the Oklahoma Gestational Agreement Act; 2. "Assisted reproduction" means a method of causing pregnancy other than sexual intercourse. The term includes, but is not limited to, intrauterine insemination, donation of eggs, donation of embryos, in vitro fertilization and transfer of embryos and intracytoplasmic sperm injection; 3. "Court" means any district court of competent jurisdiction as provided in this act; 4. "Donor" means an individual who contributes a gamete or gametes or an embryo or embryos for the purpose of assisted reproduction with no claim to present or future parental rights or obligations to any resulting child and who is not an intended parent, gestational carrier or gestational spouse; 5. "Gamete" means either the ovum (egg) or the spermatozoon (sperm); 6. "Gestational agreement" means a written contract between the gestational carrier, the gestational spouse if applicable, the intended parents and, optionally, one or more donors, if applicable, which sets forth the obligations, rights and duties of the parties to a gestational carrier arrangement; 7. "Gestational carrier" means a woman, whether married or unmarried, who is neither an intended parent nor a donor and who agrees to become pregnant with the genetic child of one or more intended parents and/or one or more donors by means of assisted reproduction pursuant to a gestational carrier arrangement; 8. "Gestational carrier arrangement" means the process by which a gestational carrier attempts to become pregnant with a child through assisted reproduction using any number of gametes or embryos that are provided by one or more intended parents and/or one or more donors, who may or may not be genetically related to any intended parent, and carry and give birth to such child with the intention that such child will be solely the legal child of the intended parents. A gestational carrier arrangement does not include any attempt to conceive, implant or carry a child to which the gestational carrier or gestational spouse has made any genetic contribution; 9. "Gestational spouse" means the spouse of the gestational carrier if the gestational carrier is married at the time the gestational carrier enters into the gestational agreement. The term does not apply to any person the gestational carrier marries after the gestational carrier enters into the gestational agreement. Unless context clearly requires otherwise, any reference to a gestational spouse in this act and any action required of a gestational spouse by this act or any prohibition applicable to a gestational spouse by this act shall not apply if the gestational carrier was not married to such person at the time the gestational carrier entered into the gestational agreement; 10. "Intended parent" means any person who intends to become the lawful parent of a child conceived, implanted or carried pursuant to a gestational agreement. The term "intended parent" shall mean both intended parents or, if only one intended parent is party to the gestational agreement, then it shall mean such singular intended parent unless context clearly requires otherwise; 11. "Mental health consultation" means an in-person meeting with a licensed mental health professional for the purposes of educating the participants about the effects and potential consequences of their participation in a gestational carrier arrangement, and of evaluating any potential psychological issues and risks posed by a party to a gestational carrier arrangement, including, but not limited to, the intended parent or parents or the gestational carrier's mental health, external and environmental factors, ability to manage relationships, potential attachment issues, and ability to carry out his or her obligations, rights and duties under a gestational carrier arrangement; 12. "Mental health professional" means an individual who: a. holds a master's or doctoral degree in the field of psychiatry, psychology, counseling, social work, psychiatric nursing or marriage and family therapy, and b. is duly licensed, certified, authorized or registered under the laws of a state to practice in the mental health field; and 13. "Spouse of the gestational carrier" means a person to whom the gestational carrier is married, whether or not such person is a gestational spouse under this act.

Legislative History

Added by Laws 2019, c. 433, § 3, emerg. eff. May 23, 2019.