A. If the parties to a validated gestational agreement desire to amend it, the amended gestational agreement must be validated to be enforceable.
B. To validate amendments to a previously validated gestational agreement, an amended petition must be filed in the same cause as the petition under which the gestational agreement was originally validated. The amended petition must identify the amendments the parties seek to make to the gestational agreement, and said parties must attach a copy of the amended gestational agreement.
C. The court shall apply the same requirements and utilize the same procedures in determining whether to validate the amended gestational agreement as are used in determining whether to validate any other gestational agreement.
D. Upon validation of the amended gestational agreement, the amended gestational agreement shall supersede any earlier versions of the gestational agreement, and the earlier versions of the gestational agreement shall be of no further force or effect.
E. A validated gestational agreement may not be amended to change the identity of the gestational carrier, the gestational spouse, if applicable, or any intended parent. In such instances, the validated gestational agreement must be terminated in compliance with the Oklahoma Gestational Agreement Act, and the gestational agreement with the new parties must be validated in a separate action.
F. Nothing in this section shall prevent a gestational agreement that has not been previously validated from being amended as to any matter or term by agreement of the parties. Any such amended gestational agreement must still be validated in compliance with this act in order for it be enforceable.
Added by Laws 2019, c. 433, § 14, emerg. eff. May 23, 2019.