A. The following persons, and only the following persons, are necessary parties to a gestational agreement, and a gestational agreement shall not be validated if all such applicable necessary parties have not joined in the gestational agreement in compliance with the Oklahoma Gestational Agreement Act:
1. The gestational carrier;
2. The gestational spouse, if applicable; and
3. Each intended parent of a child to be born pursuant to a gestational carrier arrangement.
B. The following requirements apply to the necessary parties to a gestational agreement, and failure to meet such requirements shall prevent a court from validating the gestational agreement:
1. The gestational carrier, the gestational spouse, if applicable, and each intended parent must be at least twenty-one (21) years of age at the time the parties enter into the gestational agreement;
2. No more than two intended parents may be party to a gestational agreement;
3. If an intended parent is married, then that intended parent's spouse must be a party to the gestational agreement as an intended parent;
4. If there are two intended parents that are party to a gestational agreement, then they must be married to each other; and
5. No person may be a party to a gestational agreement under this act if such person is in the United States illegally pursuant to the immigration laws of the United States in effect at the time of a gestational agreement.
Added by Laws 2019, c. 433, § 6, emerg. eff. May 23, 2019.