2023 Oklahoma Statutes
Title 10. Children
§10-556. Human embryo transfer and donation – Consents – Legal rights, obligations or interests.
A. 1. No person shall perform the technique of human embryo transfer unless currently licensed to practice medicine in this state, and then only at the request and with the written consent of the husband and wife desiring to receive the human embryo transfer. In addition, the written consent of the husband and wife donating the human embryo shall be obtained by the physician.
2. The written consent of the husband and wife desiring to receive the human embryo transfer shall be executed and acknowledged by both the husband and wife, by the physician who is to perform the technique, and by any judge of a court having adoption jurisdiction in this state. The original of the executed consent shall be filed with the court in conformity to Section 553 of Title 10 of the Oklahoma Statutes.
3. The original of the written consent of the husband and wife donating the human embryo shall be filed with the court by the physician performing the technique.
4. The written consents so filed shall not be open to the general public. The information contained therein, may be released only to persons having a legitimate interest therein as evidenced by a specific court order.
B. 1. Any child or children born as a result of a human embryo transfer donation shall be considered for all legal intents and purposes, the same as a naturally conceived legitimate child of the husband and wife that consent to and receive a human embryo transfer.
2. The husband and wife donating the human embryo shall be relieved of all parental responsibilities for any child or children resulting from the human embryo transfer.
C. The husband and wife donating the embryo shall have no right, obligation or interest with respect to a child born as a result of the donation or to the property of the child by descent or distribution.
D. A child born as a result of an embryo transfer donation shall have no right, obligation or interest with respect to the husband and wife who donated the embryo.
E. The transfer and donation of human embryos pursuant to this section shall not be construed as trafficking in children if:
1. The human embryo is donated by the biological parents of the embryo;
2. The human embryo is not at anytime offered for sale or sold; and
3. The human embryo transfer and donation is made pursuant to the provisions of this section.
Added by Laws 2000, c. 188, § 1, emerg. eff. May 8, 2000.
