A. Any prospective gestational carrier who meets the requirements for gestational carriers pursuant to the Oklahoma Gestational Agreement Act and the gestational spouse, if applicable, may enter into a gestational agreement with one or more intended parents of a child to be conceived pursuant to such gestational agreement.
B. A gestational agreement must meet the minimum requirements under this act, including validation by the court. A gestational agreement that conforms to these requirements and has been validated in compliance with this act is a legal contract and is legally enforceable.
C. A gestational agreement under this act shall be governed by Oklahoma law, and this act shall control over any other law which conflicts with the express terms of this act insofar as such other law relates to the creation, validation or enforcement of gestational agreements, the rights and obligations of the parties thereto and any children born as a result thereof.
D. A gestational carrier arrangement carried out under a validated gestational agreement in compliance with this act shall not be considered trafficking in children.
Added by Laws 2019, c. 433, § 4, emerg. eff. May 23, 2019.
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