Embarking on the surrogacy journey in Oklahoma brings both excitement and legal considerations for intended parents. Among these considerations, obtaining a pre-birth order stands as a crucial step in securing parental rights. Under Oklahoma's Uniform Parentage Act, a pre-birth order or PBO will ensure that intended parents are legally recognized as the child's parents from birth, simplifying the process and avoiding potential legal hurdles.
This guide aims to explain the process of a pre-birth order in Oklahoma that will be drafted and filed by an attorney. For starters, it's essential that both intended parents are legally married. Unmarried couples are ineligible but single intended parents are eligible for surrogacy in Oklahoma. Another major difference, unlike most states, the surrogacy agreement must be validated by an Oklahoma court prior to the embryo transfer.
Here's a breakdown of the step-by-step process for obtaining a pre-birth order in the state of Oklahoma:
Gather Required Information: Collect personal details from the gestational carrier and her spouse, including date of birth, contact information (phone number or email), address, and full name. The Gestational Carrier must live in Oklahoma for at least 90 days before entering a gestational surrogacy contract.
Affidavits: Obtain signed affidavits from the gestational carrier, her spouse if applicable, intended parents, and the IVF doctor. All affidavits and agreements must be notarized prior to being submitted to the court.
Authorization for Disclosure: Prior to proceeding with the PBO, the gestational carrier must sign an authorization for the disclosure of her treatment records and care details at the IVF clinic to the intended parents, their health insurance provider, physicians, and the medical facility. This release typically is signed when at the same time the gestational carrier agreement is signed. Intended parents also must authorize the release of their information and treatment records pertaining to STD testing to the IVF doctor for embryo creation and the surrogacy arrangement.
Risk Acknowledgment: The gestational carrier is required to sign an addendum acknowledging the risks associated with pregnancy, including the understanding that maternal mortality can result from complications.
Nomination of Guardian: Intended parents are obligated to sign a nomination of guardian addendum, which identifies a guardian of the child in the event of both parents' passing.
Mental Health Evaluation: The gestational carrier candidate must undergo an in person mental health evaluation which includes a determination that the candidate can proceed with the surrogacy journey.
If at least one of the intended parents is related to the child, both intended parents can be declared the legal parents in a pre-birth order. As previously stated, an intended parent couple must be a married couple to be declared the legal parents of the child. Single parents can obtain a pre-birth order even if they are not genetically related to the child. Following a validation order obtained prior to transfer, the court will order married intended parents to be named on the original birth certificate of the child carried by the gestational surrogate while single parents will be listed as the sole parent on the original birth certificate. A hearing is not required for a pre-birth order, so intended parents are not required to appear in court.
Obtaining a pre-birth order in Oklahoma secures the parental rights prior to the child's birth, ensuring a smooth transfer of custody. Our experienced team at Tsong Law Group, licensed in Oklahoma, provides close clarity and assurance on surrogacy law. Reach out to us today to begin your surrogacy legal process.
