2023 Oklahoma Statutes
Title 10. Children
§10-557.12. Notice of birth to be filed with court – Court order.
A. Upon the birth of a child to a gestational carrier under a validated gestational agreement, the intended parents shall file a notice of the birth with the court not later than twenty-one (21) days after the birth occurs.
B. Upon receiving notice of the birth, the court shall render an order that:
1. Confirms that the intended parents are the child's parents;
2. If necessary, requires the gestational carrier and any spouse of the gestational carrier if she is married to surrender the child to the intended parents; and
3. If necessary, requires the state registrar of vital statistics to issue a birth certificate naming the intended parents as the child's sole parents.
C. If the intended parents fail to file the notice required by subsection A of this section, the gestational carrier or an appropriate state agency may file the notice required by that subsection. On a showing that an order validating the gestational agreement was rendered in accordance with the Oklahoma Gestational Agreement Act, the court shall order that the intended parents are the child's parents and are financially responsible for the child.
D. If a person alleges that a child born to a gestational carrier:
1. Did not result from assisted reproduction; or
2. Is a genetic child of the gestational carrier or the gestational spouse, such that either the gestational carrier or the gestational spouse made a genetic contribution to any gamete from which the child was conceived or the embryo from which the child was grown,
the court shall order that scientifically accepted parentage testing in compliance with Oklahoma law be conducted to determine the child's parentage. If the court determines that any of the allegations in paragraph 1 or 2 of this subsection are true, the Oklahoma Gestational Agreement Act shall not apply and the parentage, rights and obligations of the parties and the child shall be determined as otherwise provided by Oklahoma law. Any action related to such allegations may only be brought within one hundred eighty (180) days after the birth of the child and not afterward. The preceding sentence shall be interpreted as a statute of repose and not as a statute of limitations.
Added by Laws 2019, c. 433, § 13, emerg. eff. May 23, 2019.
