Okla. Stat. tit. 10, § 10-557.6

A. A gestational agreement must meet the following requirements

in order for it to be validated:

Oklahoma Statutes - Title 10. Children Page 109

1. The gestational agreement must be in writing;

2. The gestational agreement must be acknowledged before a

notary public by each of the parties;

3. All parties to the gestational agreement must be represented

by legal counsel regarding the gestational agreement, and the

parties to the gestational agreement may share legal counsel

provided that the gestational carrier and gestational spouse, if

applicable, must have legal counsel that is separate and independent

from the legal counsel for the intended parents; and

4. The gestational agreement must contain a written statement,

signed by each party's legal counsel, identifying which parties to

the gestational agreement such counsel represents and stating that

such counsel has advised such parties of the potential legal

consequences of entering into the gestational agreement.

B. A gestational agreement must contain terms providing each of

the following in order for it to be validated:

1. That each party to the gestational agreement consents to

personal jurisdiction in the courts of Oklahoma for all matters

connected with the gestational agreement and all matters concerning

the parentage of any child born as part of the gestational carrier

arrangement;

2. That the gestational carrier agrees to pregnancy by means of

assisted reproduction;

3. That the gestational carrier and the gestational spouse, if

applicable, relinquish all parental rights and obligations with

respect to any child contemplated by the gestational agreement that

is conceived or implanted through assisted reproduction and shall

surrender all legal and physical custody of that child to the

intended parents immediately upon birth of that child;

4. That the intended parents shall be the sole parents of any

child born pursuant to the gestational carrier arrangement and that

such intended parents shall be entitled to and shall accept legal

and physical custody of the child and all parental rights and

obligations with respect to such child immediately upon the child's

birth, regardless of the mental or physical condition of such child

or the number of such children; provided, however, that such child

is not a genetic child of the gestational carrier or the gestational

spouse;

5. That the gestational carrier, the gestational spouse, if

applicable, and each intended parent agree to exchange throughout

the period covered by the gestational agreement all relevant

information regarding their respective health;

6. That any gametes used in the assisted reproduction procedure

shall be retrieved from an intended parent or a donor and not the

gestational carrier or the gestational spouse;

Oklahoma Statutes - Title 10. Children Page 110

7. The identity of one or more physicians or one or more

medical facilities that will or may perform the assisted

reproduction procedure contemplated by the gestational agreement;

8. A statement acknowledging that at least one or more

physicians or medical facilities that will or may perform the

assisted reproduction procedure as provided by the gestational

agreement has informed the necessary parties to the gestational

agreement of:

a. the rate of successful conceptions and births

attributable to the procedure, including the most

recent published outcome statistics of the procedure

at the facility at which it will be performed,

b. the potential for and risks associated with the

implantation of multiple embryos and consequent

multiple births resulting from the procedure,

c. the nature of and expenses related to the procedure,

d. the health risks associated with, as applicable,

fertility drugs used in the procedure, egg retrieval

procedures and egg or embryo transfer procedures, and

e. reasonably foreseeable psychological effects resulting

from the procedure; and
e

implantation of multiple embryos and consequent

multiple births resulting from the procedure,

c. the nature of and expenses related to the procedure,

d. the health risks associated with, as applicable,

fertility drugs used in the procedure, egg retrieval

procedures and egg or embryo transfer procedures, and

e. reasonably foreseeable psychological effects resulting

from the procedure; and

9. The identity of which party or parties are responsible for

the reasonable medical, legal and travel expenses associated with

the gestational carrier arrangement, including providing for who is

responsible for those expenses if the gestational agreement is

terminated.

C. The Oklahoma Gestational Agreement Act shall not apply to

any child conceived by means of sexual intercourse, and a

gestational agreement shall not apply to any child so conceived.

D. The inclusion in a gestational agreement of any one or more

of the following provisions shall not constitute cause for a court

to deny the validation of the gestational agreement, and such

provisions in a validated gestational agreement shall be

enforceable:

1. The gestational carrier's agreement to undergo all medical

examinations, treatments and fetal monitoring procedures recommended

for the success of the pregnancy by the physician providing care to

the gestational carrier during the pregnancy;

2. The gestational carrier's agreement to abstain from any

activities that the intended parents or the physician providing care

to the gestational carrier during the pregnancy reasonably believe

to be harmful to the pregnancy or the future health of any resulting

child, including, without limitation, smoking, drinking alcohol,

using nonprescribed drugs, using prescription drugs not authorized

by a physician aware of the pregnancy, exposure to radiation or any

other activity proscribed by a health care provider;

Oklahoma Statutes - Title 10. Children Page 111

3. The agreement of the intended parents to pay the gestational

carrier reasonable compensation;

4. The agreement of the intended parents to pay for or

reimburse the gestational carrier or any spouse of the gestational

carrier for reasonable expenses, including, without limitation,

medical, legal or other professional expenses or lost time from work

related to the gestational carrier arrangement or the gestational

agreement; and

5. Any other agreement of the parties not contrary to this act

or any other applicable law.