§ 10-557.24 — Breach of agreement.

A. This section shall govern the breach of validated gestational agreements and any gestational agreements that have not been validated, but only to the extent those nonvalidated gestational agreements are otherwise enforceable under the Oklahoma Gestational Agreement Act. B. In the event of a breach of a gestational agreement or noncompliance with the requirements of this act, the court shall determine the respective rights and obligations of the parties to the gestational agreement based solely on the evidence of the original intent of the parties and the provisions of this act. C. Except as otherwise provided by this act or an express term of the gestational agreement, the gestational carrier, the gestational spouse and any intended parent shall be entitled to any remedy available at law or equity for breach of the gestational agreement or noncompliance with any requirement of this act. D. Notwithstanding any breach of the gestational agreement, the remedy of specific performance shall not be available to the extent the ordering of such remedy would require the gestational carrier or any other party to be impregnated or undergo an assisted reproduction procedure. E. The breach of the gestational agreement by any intended parent does not relieve the intended parents of the obligation to support a child born pursuant to the gestational agreement. F. Unless otherwise provided by the gestational agreement, the court in any action for the alleged breach or the enforcement of a gestational agreement shall award costs, attorney fees and expert fees to the prevailing party.

Legislative History

Added by Laws 2019, c. 433, § 25, emerg. eff. May 23, 2019.