This guide explains the essential components of surrogacy contracts in Oklahoma and how to protect your rights.
If you are ready to build your family with a team that understands these laws, contact American Surrogacy today.
What to Include in a Surrogacy Contract
In Oklahoma, a surrogacy contract is prepared for a judge's review. To pass the mandatory validation hearing, the agreement must contain specific provisions mandated by the Oklahoma Gestational Agreement Act.
A compliant contract must address these key pillars to be enforceable:
Clear distinctions between base compensation and pregnancy-related reimbursements help prevent misunderstandings. This section outlines when payments begin, how they are issued and what expenses are covered. Contracts describe expectations around prenatal care, compliance with medical advice and how information is shared, while recognizing that the surrogate retains medical consent rights. The agreement explains how and when intended parents will be recognized under Washington law, often referencing post-birth or pre-birth legal steps when applicable. Clauses addressing travel, exercise and diet are designed to reduce pregnancy risk, not to control daily life. Expectations around labor, hospital procedures, recovery support and optional pumping arrangements are clearly defined. Sensitive medical scenarios are addressed upfront so no one is forced to make rushed decisions during pregnancy.
Reviewing these elements helps you understand surrogacy contract basics and prepare for a smooth validation.
Legal Clearance: The Final Step before Transfer
Legal clearance in Oklahoma is a formal court procedure. The state requires a validation proceeding to make the contract enforceable. This is the critical final step before the fertility clinic can legally perform an embryo transfer.
The process follows a specific timeline to protect everyone. Attorneys first draft the agreement to comply strictly with Oklahoma statutes.
The surrogate must have her own separate legal counsel to advocate for her interests. Next, the intended parents and the surrogate file a joint petition with the court. A judge then reviews the contract to ensure all parties entered it voluntarily and meet the requirements. Finally, the court issues an order validating the agreement. Only after this order is issued can the medical team proceed.
You can learn more about how agencies support this legal process for parents here.
Can Surrogacy Contracts Be Enforced in Oklahoma?
Yes, surrogacy contracts in Oklahoma are highly enforceable if they are validated. Because the contract becomes a court order before the pregnancy starts, the legal standing is robust.
This validation provides specific protections:
- For Intended Parents: It establishes parentage rights early. The validation order declares you are the legal parents immediately upon birth.
- For Surrogates: It guarantees that the financial terms in the contract are binding. Parents cannot refuse to pay the agreed-upon compensation.
Attempting to pursue surrogacy without this validation strips you of these protections. Invalidated agreements do not have the same clear enforceability. You can read more about Oklahoma surrogacy laws to understand why this step is vital.
What Happens if a Surrogacy Contract Is Breached?
Because the contract is a court order, a breach is a serious legal matter. The agreement outlines specific consequences for failing to uphold terms.
If intended parents breach the contract, typically by missing payments, the surrogate has strong legal recourse. Recovering owed funds is straightforward because the agreement is validated. Also, intended parents cannot opt out; they remain responsible for the child regardless of disputes.
If a surrogate breaches terms, such as smoking or missing appointments, the contract usually outlines financial remedies. This often involves reducing compensation or suspending payments. A court will generally not force a surrogate to undergo a medical procedure against her will, as bodily autonomy is protected.
Fair Surrogacy Compensation and Payment Structure
Compensation recognizes the surrogate's time and physical effort. In Oklahoma, packages are structured to provide financial security throughout the pregnancy.
A standard payment structure includes:
- Base Compensation: The primary fee for carrying the pregnancy, paid in monthly installments starting after the confirmation of a heartbeat.
- Monthly Allowance: A set stipend covering non-receipted expenses like vitamins and meals.
- Milestone Payments: Bonuses triggered by events like the start of medication, the embryo transfer, or the 20-week ultrasound.
- Lost Wages: Protection for the surrogate’s income if she is ordered on bed rest or must miss work.
To obtain validation, the court usually looks for proof that the funds are secure. It is standard to fully fund an independent escrow account before the hearing. You can see a breakdown of surrogate pay here.
Medical Decisions and Control During Pregnancy
The contract must balance the parents' wishes with the surrogate's rights. Oklahoma courts require these decisions be agreed upon voluntarily before validation.
The agreement typically stipulates that the surrogate will follow the protocols of the IVF physician and obstetrician, including taking medications and attending appointments.
Simultaneously, it protects the intended parents' right to information. It grants access to medical records and allows direct communication with doctors. The document also details how decisions regarding invasive testing will be handled.
Termination and Selective Reduction Clauses
Termination and selective reduction are complex topics in Oklahoma due to restrictive state laws. The contract must be realistic about the legal landscape.
Selective reduction refers to reducing a high-order multiple pregnancy to a safer number, while termination refers to ending a pregnancy due to severe medical issues.
While the contract states the parents' wishes, enforceability is limited by Oklahoma's criminal statutes banning abortion. Contracts must address the possibility of traveling to another state if a medical termination is agreed upon. Parties must be matched based on aligned values, as legal remedies for forcing a termination do not exist.
Lifestyle Clauses: Travel, Diet, and Daily Life
Since parents cannot be present daily, the contract establishes lifestyle guidelines. These are not meant to control the surrogate but to ensure safety.
Common provisions in Oklahoma contracts include:
- Travel Restrictions: Limitations on third-trimester travel ensure the birth happens in Oklahoma, which is essential for the validation order to apply.
- Dietary Guidelines: Agreements to follow standard prenatal advice, such as avoiding raw fish.
- Substance Prohibitions: Strict bans on alcohol, tobacco, and non-prescribed drugs.
- Environmental Safety: Guidelines to avoid hazards like harsh chemicals or cat litter.
These clauses help build trust that the pregnancy is being cared for properly.
Delivery Plans and Post-Birth Expectations
The birth plan acts as a script for the hospital, and the validation order simplifies this process significantly.
The plan covers key logistics, such as ensuring intended parents are allowed in the delivery room and clarifying who holds the baby first. It also outlines compensation for the surrogate's recovery time (including lost wages and childcare support) and terms regarding breast milk pumping and supplies.
You can learn more about how pre-birth orders secure your rights in the delivery room.
Insurance Requirements for Surrogacy
You cannot proceed to a validation hearing without a clear plan for medical costs. Oklahoma does not have broad IVF insurance mandates, making this step critical.
The process involves reviewing the surrogate’s current health insurance to see if it covers a surrogate pregnancy. Many policies exclude this. If an exclusion exists, the intended parents must purchase a specific surrogacy-maternity insurance policy. The contract also requires parents to buy life insurance for the surrogate and disability insurance to cover lost income.
Checking states that mandate IVF coverage can help you see if any underlying costs are covered.
Agency vs. Independent Surrogacy: Legal and Emotional Considerations
Navigating Oklahoma's court system alone is risky. Independent surrogacy requires managing court filings, escrow, and insurance without support.
Agencies like American Surrogacy provide the necessary infrastructure. We handle screening to ensure the surrogate meets statutory requirements and coordinate with attorneys to manage the validation hearing timing.
Crucially, we provide mediation. If a disagreement arises, we facilitate the conversation to preserve the relationship, allowing you to focus on the human connection.
Ensure Your Oklahoma Surrogacy Contract Covers Every Detail
Navigating surrogacy contracts in Oklahoma requires a partner who understands the local courts. At American Surrogacy, we guide you through every legal milestone.
Are you ready to start the process with confidence? Get more Oklahoma surrogacy info today and let us help you build your family safely.