Oklahoma Surrogacy Law
Summary: Oklahoma has no statutes that directly address surrogacy, but an Attorney General opinion indicates that compensated surrogacy agreements run afoul of state’s law against “trafficking in children.” However, uncompensated surrogate agreements or agreements that only provide compensation for medical and other basic expenses may be permitted. The issue of surrogacy agreements involving lesbian, gay, bisexual or transgender (LGBT) individuals has not yet been considered by the courts.
Explanation: Oklahoma law prohibits the “acceptance, offer or payment of compensation in connection with the transfer of legal or physical custody or adoption of a minor child.” In 1983, the Oklahoma Attorney General concluded that surrogate parenting contracts that provide compensation for the adoption of a child violate state law prohibiting trafficking in children. Still, Oklahoma adoption law permits the payment of reasonable medical expenses for the birth mother and the minor to be adopted, and it is possible that such reimbursement would be legal in the context surrogacy of a surrogacy agreement.
There is no explicit prohibition in Oklahoma on LGBT couples jointly adopting a child, nor is there an explicit prohibition on LGBT individuals adopting the child of their same-sex partner.
Citations: 10 OKLA. STAT. § 7505-3.2 (2009);
21 OKLA. STAT. § 866 (2003);
Office of the Att’y Gen. of the State of Okla. No. 83-162 (Sept. 29, 1983), 1983 Okla. AG LEXIS 41.
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Last Updated: 9/10/2009