Oklahoma § 10-557.13 - Amendments to agreement must be validated

§ 10-557.13. Amendments to agreement must be validated

A. If the parties to a validated gestational agreement desire

to amend it, the amended gestational agreement must be validated to

be enforceable.

B. To validate amendments to a previously validated gestational

agreement, an amended petition must be filed in the same cause as

the petition under which the gestational agreement was originally

validated. The amended petition must identify the amendments the

parties seek to make to the gestational agreement, and said parties

must attach a copy of the amended gestational agreement.

C. The court shall apply the same requirements and utilize the

same procedures in determining whether to validate the amended

gestational agreement as are used in determining whether to validate

any other gestational agreement.

D. Upon validation of the amended gestational agreement, the

amended gestational agreement shall supersede any earlier versions

of the gestational agreement, and the earlier versions of the

gestational agreement shall be of no further force or effect.

E. A validated gestational agreement may not be amended to

change the identity of the gestational carrier, the gestational

spouse, if applicable, or any intended parent. In such instances,

the validated gestational agreement must be terminated in compliance

Oklahoma Statutes - Title 10. Children

with the Oklahoma Gestational Agreement Act, and the gestational

agreement with the new parties must be validated in a separate

action.

F. Nothing in this section shall prevent a gestational

agreement that has not been previously validated from being amended

as to any matter or term by agreement of the parties. Any such

amended gestational agreement must still be validated in compliance

with this act in order for it be enforceable.

Added by Laws 2019, c. 433, § 14, emerg. eff. May 23, 2019.