Modooboo

Legal Aspects of Surrogacy - Oklahoma

Comprehensive Overview of Gestational Surrogacy Laws in Oklahoma

In Oklahoma, the landscape of gestational surrogacy has been significantly shaped by the Oklahoma Gestational Agreement Act (House Bill 2468), enacted on May 15, 2019. This landmark legislation has provided a clear and structured legal framework for gestational surrogacy, making it a viable and regulated option for family formation.

Legalization of Gestational Surrogacy

The Oklahoma Gestational Agreement Act legalizes gestational surrogacy and establishes guidelines for creating enforceable surrogacy agreements. This act ensures that gestational carrier agreements are recognized under Oklahoma law, providing a reliable path for intended parents and surrogates.

Traditional Surrogacy Regulations

In Oklahoma, traditional surrogacy is only allowed in altruistic arrangements, where the surrogate mother does not receive any form of compensation. Traditional surrogacy is treated similarly to adoption, which means the surrogate retains parental rights until they are legally terminated post-birth. Compensated traditional surrogacy is explicitly prohibited by Oklahoma law, adding a layer of complexity and caution for those considering this route.

Compensation in Gestational Surrogacy

The Oklahoma Gestational Agreement Act permits compensated surrogacy. Surrogates can be paid for their time, medical risks, and other related expenses. The surrogacy contract typically outlines the compensation details, covering various costs such as medical expenses, insurance, travel, and living expenses during the pregnancy.

Forming a Surrogacy Contract in Oklahoma

For a surrogacy contract to be valid in Oklahoma, it must meet several requirements:

  • Separate Legal Representation: Both the intended parents and the surrogate must have independent legal counsel to ensure their rights are protected.

  • Comprehensive Coverage: The contract must address all aspects of the surrogacy arrangement, including financial terms, responsibilities of each party, risk management, and plans for delivery.

  • Formalities: The agreement must be in writing, signed by all parties, and notarized to be legally binding.

Establishing Legal Parentage

In Oklahoma, establishing legal parentage can vary depending on the judge and the specifics of the case:

  • Pre-Birth Orders: These can be granted, particularly when there is a genetic connection between the intended parents and the child. However, this is at the judge's discretion.

  • Post-Birth Orders: More commonly, Oklahoma courts issue parentage orders after the child's birth, solidifying the intended parents' legal status.

Surrogacy for Same-Sex Couples

Same-sex surrogacy is legal in Oklahoma, with same-sex and LGBT+ intended parents following the same legal procedures as heterosexual couples. This often involves the use of egg or sperm donors, and the legal processes ensure that all parental rights are properly established and recognized.

Legal Framework and Statutes

The Oklahoma Gestational Agreement Act serves as the primary legal framework governing surrogacy in the state. Additional relevant statutes include:

  • Okla. Stat. 10-555: Addresses the legal standing of egg, sperm, and embryo donors, ensuring they do not retain parental rights.

  • Okla. Stat. 10-552 and Okla. Stat. 10-556: Further clarify the legalities surrounding donor involvement in surrogacy arrangements.

Additional Considerations

  • International Intended Parents: International intended parents must follow the same legal procedures as domestic parents but should consult with an immigration lawyer to navigate the complexities of bringing their child to their home country.

  • Post-Birth Adoption Requirements: When pre-birth orders are not granted, non-genetically related intended parents may need to pursue adoption post-birth to establish their parental rights legally.

Conclusion

The enactment of the Oklahoma Gestational Agreement Act has provided a clear legal path for gestational surrogacy in Oklahoma, making it a viable option for intended parents. However, given the complexities and potential legal nuances, it is essential to engage with experienced surrogacy attorneys to ensure compliance with all legal requirements and to protect the rights of all parties involved. This legal guidance is crucial for navigating the surrogacy process effectively, from drafting contracts to establishing parental rights, ensuring a smooth and legally sound surrogacy journey.

Guide: Everything you need to know to become a surrogate in Oklahoma

In this quick guide, we will cover everything you need to know about becoming a surrogate in your state, including the requirements, compensation and benefits, legal aspects, and how we can assist you in starting your journey seamlessly.

How We're Different:

Choosing Modooboo means partnering with a team that values trust, compassion, and excellence. Our extensive experience, combined with a deep understanding of the emotional and physical aspects of surrogacy, makes us a trusted ally in your journey to parenthood or in your decision to help others become parents.

Empowered by Experience

Modooboo stands apart through the personal journeys of our team members. Our collective experience not only enriches our support system but also informs our development of comprehensive programs tailored to meet the varied needs of surrogate candidates.

Top-Tier Surrogate Benefits

Surrogates choose Modooboo as their guiding agency because we've designed our program with their needs at the forefront. Experience unparalleled generosity with our package offering up to $120,000 in compensation, ensuring you're among the highest-earning surrogates in the U.S. we ensure our surrogates feel valued and respected throughout their journey.

Personal Experience, Professional Guidance

We are more than an agency; we are a community of individuals who have personally embarked on the surrogacy journey. This personal touch, combined with our professional acumen, allows us to offer empathetic, informed guidance. We understand the emotional nuances of surrogacy from both the surrogate's and the intended parents' perspectives, enabling us to foster a supportive, understanding environment for everyone involved.

Get Started with Modooboo

As a surrogate with Modooboo, you can qualify for one of the industry's highest compensations, with surrogates earning up to $120K.

Frequently Asked Questions (FAQ)

  • The journey to become a surrogate is undertaken with thorough guidance and support from our experienced team. This rewarding path begins with meeting a set of criteria essential for ensuring a healthy pregnancy and childbirth on behalf of another individual or couple. Our process is meticulous, ensuring that all potential surrogates are well-prepared for this commitment.

  • To be considered for surrogacy, candidates must:

    Be under 38 years old

    Hold U.S. citizenship or permanent residency

    Reside in states where surrogacy is legally permitted

    Be in good physical and mental health

    Have successfully given birth to and are raising at least one child

  • Becoming a surrogate involves a comprehensive process, including:

    Initial Application: Your journey starts with our online application. Following this, our coordinator will discuss the process, address any queries, and request necessary forms for background and medical checks.

    Profile Questionnaire: You'll provide detailed information about yourself, forming the basis of your confidential profile for intended parents.

    Medical Review: We'll review your obstetric records to confirm your medical suitability for surrogacy.

    Consultations: Our team will guide you through the surrogacy process and address any concerns.

    Medical and Psychological Screenings: This includes health evaluations and discussions to ensure your readiness.

    Home Assessment: A social worker will ensure your living environment is conducive to a healthy pregnancy.

    Matching Process: We'll match you with intended parents that share your surrogacy goals.

    Legal Contracting: Once matched, a legal contract is formed with the intended parents.

  • Surrogates receive monthly payments starting after pregnancy confirmation via ultrasound. The total compensation package is comprehensive, reflecting individual journeys and specifics such as multiple pregnancies or additional embryo transfers. Our surrogates' compensation is highly competitive, with detailed breakdowns available on our benefits page.

  • Experienced surrogates receive higher compensation. Returning surrogates are awarded additional payment, reflecting their invaluable experience and commitment to helping families grow. For detailed figures and benefits, visit our pay and benefits page.

  • The possibility of multiple surrogacies depends on your health and delivery history. We have guidelines on the acceptable number of vaginal deliveries and C-sections to ensure your safety. If you're considering surrogacy again, we're here to discuss your eligibility.

  • We collaborate with surrogates across states where surrogacy is legal, providing comprehensive support throughout the journey. We accommodate surrogates from across the country, covering all associated travel and medical expenses.

  • Choosing our program connects you with top-tier fertility clinics and a network of support. We distinguish ourselves through competitive compensation from the start, coverage of all related expenses, access to exceptional medical care, and unwavering support throughout the surrogacy experience.

  • If you're drawn to the surrogacy journey, please apply through our online platform. For additional insights, our FAQ section and surrogate stories offer perspectives on the surrogacy experience. For any further inquiries, our dedicated team is ready to assist you.

Join Our Community

At Modooboo Surrogacy, we believe in creating spaces where our community can flourish - filled with resources, stories, and connections. Our journey together doesn’t end here; it spans across various platforms where you can dive deeper into the world of surrogacy, find support, and celebrate the magic of creating families. Join us beyond our website to explore more