Okla. Stat. tit. 10, § 10-557.21
This is the official text of Okla. Stat. tit. 10, § 10-557.21, part of Oklahoma’s Stat. tit. 10, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 10,." Browse the sections below, each linked to its official government source.
Not legal advice. This page reproduces the official text of a government statute for reference only. Laws change, and how a statute applies depends on your specific facts. For advice about your situation, consult a licensed attorney in your state.
Death of intended parent prior to birth of child –
Official statutory text
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.
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.
Status: in_force · Read it on the official government site
Need a lawyer in Oklahoma?
Find a Oklahoma lawyer
About this page: Statute text is reproduced from official government publishers via the
Open US Law dataset
(Vaquill AI, snapshot v2026.08, CC BY 4.0). Primary legislative text like this is public domain under the government-edicts doctrine
(Georgia v. Public.Resource.Org, 2020). We link every section back to its official source so you can verify it independently.