Oklahoma § 10-557.14 - Termination of agreement

§ 10-557.14. Termination of agreement

A. In no event may a gestational agreement be terminated after

the gestational carrier becomes pregnant by means of assisted

reproduction.

B. Other than as prohibited by subsection A of this section, a

gestational agreement may be terminated by any party thereto as

permitted by the terms of the agreement under the following

procedures:

1. Any of the parties to a validated gestational agreement may

seek to terminate the gestational agreement by first giving written

notice of termination of the gestational agreement to each other

party to the gestational agreement;

2. A person who sends the notice to terminate a validated

gestational agreement shall file notice of the termination with the

appropriate court. The court shall thereafter enter an order

vacating the validation of the gestational agreement and terminating

the gestational agreement. As necessary, prior to issuing the order

vacating the validation and terminating the gestational agreement,

the court may consider evidence to confirm the gestational carrier

is not pregnant by means of assisted reproduction;

3. A validated gestational agreement is not terminated until an

order vacating the validation and terminating the gestational

agreement has been entered by the court;

4. If a gestational agreement has not been validated, it may be

terminated by any of the parties thereto by such party sending a

written notice of termination to the other parties to the

gestational agreement. It is not necessary for a court to enter an

order terminating a gestational agreement that has not been

validated;

5. The notice of termination required by this section shall be

served upon the other parties to the gestational agreement in the

same manner as summons is served in civil cases;

6. Upon receipt of a notice to terminate a gestational

agreement, the gestational carrier shall not undergo any assisted

reproductive procedure to transfer any gametes or embryos to the

gestational carrier for the purpose of conception or implantation as

Oklahoma Statutes - Title 10. Children

part of the gestational carrier arrangement unless otherwise

permitted by the court;

7. No party to a gestational agreement shall be liable to any

other party for damages for terminating a gestational agreement in

accordance with this section; provided, however, that termination of

a gestational agreement, whether validated or not, shall not relieve

any party of the duty to pay for or to reimburse any other party for

any medical, legal or travel expenses incurred pursuant to the

gestational agreement prior to its termination which would otherwise

be owed if the gestational agreement had not been terminated, and a

party having a duty to pay or reimburse such expenses shall be

liable to pay or reimburse such expenses; and

8. Notwithstanding anything in this act to the contrary, within

one (1) year of the termination of a gestational agreement, whether

validated or not, any party to the gestational agreement may file a

written petition with the court that terminated a gestational

agreement seeking to reinstate the gestational agreement and

requesting the court validate the gestational agreement. The party

filing such petition shall serve such petition on all other parties

to the gestational agreement in the same manner as serving a

petition in a civil case in Oklahoma. In any such case, the sole

basis upon which the court may reinstate the gestational agreement

and validate it is if the court finds through competent evidence

that the gestational carrier became pregnant by means of an assisted

reproduction procedure contemplated by the gestational agreement

that was performed before the party seeking to terminate the

gestational agreement served upon the gestational carrier the

written notice of termination of the gestational agreement. If the

court so finds, and if all the requirements to validate a

gestational agreement under this act are otherwise met, the

termination of the gestational agreement shall be null and void, and

the court shall enter an order reinstating the gestational agreement

as if it had never been terminated and validating the gestational

agreement. The court, taking into account the health and well-being

of the gestational carrier and the child with which she is pregnant,

may order any scientifically acceptable genetic or medical testing

allowed by law to aid it in its findings, may assess the costs of

such testing to the party or parties the court deems appropriate and

may wait to make its ruling on the reinstatement and validation of

the gestational agreement until after the birth of the child.

Added by Laws 2019, c. 433, § 15, emerg. eff. May 23, 2019.