2023 Oklahoma Statutes
Title 10. Children
§10-557.21. Death of intended parent prior to birth of child – Testamentary and inheritance rights.

A. In the event that an intended parent predeceases the birth of a child contemplated by a validated gestational agreement, the terms and conditions of the gestational agreement shall remain in full force and effect, and upon birth the resulting child shall be delivered into the sole care and custody of the surviving intended parent, if an intended parent so survives. If there are no surviving intended parents, the child shall be delivered into the sole care and custody of the guardian nominated in the estate planning documents of the intended parents. If no such guardian will accept or is fit to accept the sole care and custody of the child, or if no valid estate planning documents of the intended parents are then in effect, the child shall be delivered into the sole care and custody of a guardian designated by the court as provided by Oklahoma law, and in such instances nothing in the Oklahoma Gestational Agreement Act shall prohibit a gestational carrier or gestational spouse from being designated by the court as the child's guardian.

B. Any child conceived by assisted reproduction and pursuant to the terms of a validated gestational agreement shall have all testamentary and inheritance rights from the intended parents and shall have no testamentary or inheritance rights from the gestational carrier or any spouse of the gestational carrier if she is married. The intended parents shall have testamentary and inheritance rights from the resulting child as parents, and the gestational carrier and any spouse of the gestational carrier if she is married shall have no testamentary or inheritance rights from the resulting child as parents.

Added by Laws 2019, c. 433, § 22, emerg. eff. May 23, 2019.