Procedure to obtain court validation.

  1. Law
  2. Oklahoma Statutes
  3. Children
  4. Procedure to obtain court validation.

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The following shall be the procedure to request that the court validate a gestational agreement:

1. Any one or more of the parties to a gestational agreement shall file a petition to validate the gestational agreement in a district court having jurisdiction as provided by the Oklahoma Gestational Agreement Act;

2. A petition to validate the gestational agreement shall, at a minimum, provide:

  • a.the names and current addresses, if known, of each party to the gestational agreement,
  • b.allegations setting forth the satisfaction of this act's requirements for a gestational agreement and the parties thereto,
  • c.if any of the parties to a gestational agreement have not joined the petition, the identity of such parties and, if known, the reasons such parties have not joined the petition,
  • d.whether or not any assisted reproduction procedures have taken place as part of the gestational carrier arrangement and, if so, the date of each such procedure and whether such procedures have resulted in pregnancy of the gestational carrier, and
  • e.a request that the court validate the gestational agreement, as well as a request setting forth any additional relief sought in connection with the validation of the gestational agreement;

3. A complete, unredacted copy of the gestational agreement must be attached to the petition;

4. The petitioner shall attach affidavits, declarations, statements, other evidence or any combination thereof to the petition to support the allegations in the petition regarding the satisfaction of the requirements of this act and to aid the court in its determination of whether the requirements to validate the gestational agreement have been met; and

5. Any party not joining the petition to validate shall be served with a copy of the petition to validate and a summons in the same manner as in civil cases. After being so duly served, the nonjoining party shall answer and respond to the petition to validate within ten (10) days and shall provide allegations and evidence to aid the court in its determination of whether the requirements to validate the gestational agreement have been met. The failure of any nonjoining party to answer or otherwise respond after being duly served shall not prevent the court from validating a gestational agreement if the requirements of this act are otherwise satisfied.

Added by Laws 2019, c. 433, § 10, emerg. eff. May 23, 2019.


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