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Surrogacy in Oklahoma
Surrogacy is an option for individuals or couples when first-line fertility treatments have been unsuccessful. In surrogacy, a woman, known as a surrogate, carries a child for a woman or a couple, usually because the woman cannot conceive or carry a pregnancy to term. Gay couples may also use a surrogate.
There are two types of surrogacy. The first is called traditional surrogacy. In traditional surrogacy, the surrogate is inseminated with sperm, which fertilizes her own eggs. Because her own eggs are used, the child will be biologically related to the surrogate. The second kind of surrogacy is called gestational surrogacy. In gestational surrogacy, the surrogate is implanted with an embryo, which can come from the intended parents or from donors. In this type of surrogacy, the surrogate’s eggs are not used, so there is no biological relation to the child.
Surrogacy Laws in Oklahoma
Like many other states, Oklahoma does not have a law that explicitly clarifies the surrogacy issue. However, a 1983 opinion by the Attorney General indicates that compensated surrogacy agreements fall under the state’s law against “trafficking of children.”
Oklahoma has strict laws regarding the trafficking of children, which can be found in the Oklahoma Statutes. According to this law, Oklahoma prohibits the “acceptance, offer or payment of compensation in connection with the transfer of legal or physical custody or adoption of a minor child.”
However, Oklahoma law does permit the payment of medical expenses for the birth mother of a child that is to be adopted. Surrogacy agreements that provide only this compensation may then be legal.
Currently, the state of Oklahoma does not have any laws regarding surrogacy agreements for same-sex couples, nor are there explicit laws regarding same-sex couples jointly adopting a child or adopting the child of a same-sex partner.
Oklahoma Surrogacy Agencies
Surrogacy agencies match intended parents with a surrogate. Before you commit to a surrogacy agency, be sure to do some careful research. Ask a number of questions, including how long the Oklahoma surrogacy agency has been in operation, what screening is required for surrogates, and what requirements and limitations are in place.
The following surrogacy agency works with Oklahoma residents:
- Agency for Surrogacy Solutions
- Center for Surrogate Parenting, Inc.
Some couples prefer to work with a fertility clinic for their surrogacy needs. There is one fertility clinic in Oklahoma that works with surrogates: the OU Physicians OB/GYN ART Laboratory, Center for Reproductive Health, PC