A. If a gestational agreement has been validated and if, because of a laboratory error or clinical error, the resulting child under such gestational agreement is not genetically related to one or more of the intended parents or one or more of the donors who donated to the intended parent or parents and if, in the absence of such error, the child should have been so genetically related, then the intended parents under the gestational agreement shall nonetheless be considered the parents of the child, unless a determination to the contrary is made by a court of competent jurisdiction in an action which may only be brought by one or more genetic parents of the resulting child within one hundred eighty (180) days after the birth of the child.
B. Nothing in the Oklahoma Gestational Agreement Act shall create, affect or diminish any cause of action that a person may have under Oklahoma law for a laboratory error or clinical error occurring as part of an assisted reproduction procedure.
Added by Laws 2019, c. 433, § 24, emerg. eff. May 23, 2019.
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