Oklahoma § 10-556 - Human embryo transfer and donation – Consents – Legal

§ 10-556. Human embryo transfer and donation – Consents – Legal

rights, obligations or interests.

A. 1. No person shall perform the technique of human embryo

transfer unless currently licensed to practice medicine in this

state, and then only at the request and with the written consent of

the husband and wife desiring to receive the human embryo transfer.

In addition, the written consent of the husband and wife donating

the human embryo shall be obtained by the physician.

2. The written consent of the husband and wife desiring to

receive the human embryo transfer shall be executed and acknowledged

by both the husband and wife, by the physician who is to perform the

technique, and by any judge of a court having adoption jurisdiction

in this state. The original of the executed consent shall be filed

with the court in conformity to Section 553 of Title 10 of the

Oklahoma Statutes.

3. The original of the written consent of the husband and wife

donating the human embryo shall be filed with the court by the

physician performing the technique.

4. The written consents so filed shall not be open to the

general public. The information contained therein, may be released

only to persons having a legitimate interest therein as evidenced by

a specific court order.

B. 1. Any child or children born as a result of a human embryo

transfer donation shall be considered for all legal intents and

purposes, the same as a naturally conceived legitimate child of the

husband and wife that consent to and receive a human embryo

transfer.

2. The husband and wife donating the human embryo shall be

relieved of all parental responsibilities for any child or children

resulting from the human embryo transfer.

C. The husband and wife donating the embryo shall have no

right, obligation or interest with respect to a child born as a

Oklahoma Statutes - Title 10. Children

result of the donation or to the property of the child by descent or

distribution.

D. A child born as a result of an embryo transfer donation

shall have no right, obligation or interest with respect to the

husband and wife who donated the embryo.

E. The transfer and donation of human embryos pursuant to this

section shall not be construed as trafficking in children if:

1. The human embryo is donated by the biological parents of the

embryo;

2. The human embryo is not at anytime offered for sale or sold;

and

3. The human embryo transfer and donation is made pursuant to

the provisions of this section.

Added by Laws 2000, c. 188, § 1, emerg. eff. May 8, 2000.