§ 557.10. Required findings to validate an agreement--Court order of validation--Review--Defici...
Oklahoma Statutes AnnotatedTitle 10. ChildrenEffective: May 23, 2019
Effective: May 23, 2019
10 Okl.St.Ann. § 557.10
§ 557.10. Required findings to validate an agreement--Court order of validation--Review--Deficiencies
4. The medical evidence provided shows that the intended parent is unable to carry a pregnancy to term and give birth to a child or is unable to carry a pregnancy to term and give birth to a child without unreasonable risk to the intended parent's physical or mental health or to the health of the unborn child;
2. Orders that each intended parent who is a party to the gestational agreement be listed as a parent on such child's certificate of birth to be filed with the state registrar of vital statistics as provided by Oklahoma law and that neither the gestational carrier nor any spouse of the gestational carrier shall be listed on said certificate of birth;
d. the right to be designated as the people to be issued armbands or other security devices identifying them as the parents of such child. The gestational carrier and any spouse of the gestational carrier shall not receive such armbands or security devices unless it is medically necessary for such child's welfare.
D. For good cause shown, a court may validate a gestational agreement even though it was not validated at the time of transfer of gametes or embryos to the gestational carrier for the purpose of conception or implantation, provided that such gestational agreement was entered into by all necessary parties to the gestational agreement prior to the time of transfer of such gametes or embryos to the gestational carrier for the purpose of conception or implantation, and provided that the court finds that all other requirements needed to validate a gestational agreement under this act have been satisfied.
E. The court may rely solely on affidavits, declarations, testimony, other competent evidence or any combination thereof in making its determination as to whether the requirements to validate a gestational agreement have been satisfied. A court need not conduct an evidentiary hearing if it finds that the documentary evidence supplied by the parties petitioning to validate a gestational agreement is sufficient to show by a preponderance of the evidence that the requirements to validate the agreement are satisfied.
G. If the court determines that the gestational agreement does not meet the necessary requirements to be validated, the court shall issue an order identifying with specificity each deficiency that it found which prevents it from validating the gestational agreement. The parties may thereafter amend the gestational agreement or cure any other identified deficiencies and thereafter file an amended petition to validate the gestational agreement. The same requirements shall apply to validating an amended gestational agreement as would apply to validating an original gestational agreement. The parties may amend as many times as needed to cure any deficiencies identified by the court.
Laws 2019, c. 433, § 11, emerg. eff. May 23, 2019.
10 Okl. St. Ann. § 557.10, OK ST T. 10 § 557.10
Current with legislation of the Second Regular Session of the 58th Legislature (2022).
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