Oklahoma has no statutes that directly address surrogacy. However, the general view in Okalahoma is that compensated surrogacy agreements run afoul of state’s law against “trafficking in children.” The law however permits uncompensated surrogate agreements or agreements that only provide compensation for medical and other basic expenses. The issue of surrogacy agreements involving lesbian, gay, bisexual or transgender individuals has not yet been considered by the courts.
The law in Oklahoma prohibits acceptance, offer or payment of compensation in connection with the transfer of legal or physical custody or adoption of a minor child. In 1983, the Oklahoma Attorney General concluded that surrogate parenting contracts that provide compensation for the adoption of a child violate state law prohibiting trafficking in children. Still, Oklahoma adoption law permits the payment of reasonable medical expenses for the birth mother and the minor to be adopted, and it is possible that such reimbursement would be legal in the context surrogacy of a surrogacy agreement.
There is no explicit prohibition in Oklahoma on lesbian, gay, bisexual or transgender couples jointly adopting a child, nor is there an explicit prohibition on lesbian, gay, bisexual or transgender individuals adopting the child of their same-sex partner.