Oklahoma § 10-557.9 - Procedure to obtain court validation

§ 10-557.9. Procedure to obtain court validation

The following shall be the procedure to request that the court

validate a gestational agreement:

1. Any one or more of the parties to a gestational agreement

shall file a petition to validate the gestational agreement in a

district court having jurisdiction as provided by the Oklahoma

Gestational Agreement Act;

2. A petition to validate the gestational agreement shall, at a

minimum, provide:

a.

the names and current addresses, if known, of each

party to the gestational agreement,

b.

allegations setting forth the satisfaction of this

act's requirements for a gestational agreement and the

parties thereto,

c.

if any of the parties to a gestational agreement have

not joined the petition, the identity of such parties

and, if known, the reasons such parties have not

joined the petition,

d.

whether or not any assisted reproduction procedures

have taken place as part of the gestational carrier

arrangement and, if so, the date of each such

procedure and whether such procedures have resulted in

pregnancy of the gestational carrier, and

e.

a request that the court validate the gestational

agreement, as well as a request setting forth any

additional relief sought in connection with the

validation of the gestational agreement;

3. A complete, unredacted copy of the gestational agreement

must be attached to the petition;

4. The petitioner shall attach affidavits, declarations,

statements, other evidence or any combination thereof to the

petition to support the allegations in the petition regarding the

satisfaction of the requirements of this act and to aid the court in

its determination of whether the requirements to validate the

gestational agreement have been met; and

5. Any party not joining the petition to validate shall be

served with a copy of the petition to validate and a summons in the

same manner as in civil cases. After being so duly served, the

nonjoining party shall answer and respond to the petition to

validate within ten (10) days and shall provide allegations and

evidence to aid the court in its determination of whether the

requirements to validate the gestational agreement have been met.

The failure of any nonjoining party to answer or otherwise respond

Oklahoma Statutes - Title 10. Children

after being duly served shall not prevent the court from validating

a gestational agreement if the requirements of this act are

otherwise satisfied.

Added by Laws 2019, c. 433, § 10, emerg. eff. May 23, 2019.