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ENGR. H. B. NO. 2936 Page 1
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ENGROSSED HOUSE
BILL NO. 2936 By: Olsen and Adams of the
House
and
Hamilton of the Senate
An Act relating to children; amending 10 O.S. 2021,
Section 557.5, which relates to the Oklahoma
Gestational Agreement Act; prohibiting person from
being an intended parent to a gestational agreement
if individual has been convicted of a crime against a
child; amending 10 O.S. 2021, Section 7505-5.1, as
amended by Section 1, Chapter 59, O.S.L. 2024 (10
O.S. Supp. 2025, Section 7505-5.1), which relates to
the Oklahoma Adoption Code; prohibiting placement of
child in home if petitioners or any person residing
in home of petitioners have been convicted of a crime
against a child; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 10 O.S. 2021, Section 557.5, is
amended to read as follows:
Section 557.5. 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
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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; and
4. If there are two intended parents that are party to a
gestational agreement, then they must be married to each other; and.
5. C. 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.
D. No person may be an intended parent of a child to be born
pursuant to a gestational carrier agreement under this act if such
person has been convicted of a crime against a child, including, but
not limited to, child sexual abuse, child sexual exploitation, or
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lewd molestation of a child, as defined in Section 843.5 of Title 21
of the Oklahoma Statutes.
SECTION 2. AMENDATORY 10 O.S. 2021, Section 7505-5.1, as
amended by Section 1, Chapter 59, O.S.L. 2024 (10 O.S. Supp. 2025,
Section 7505-5.1), is amended to read as follows:
Section 7505-5.1. A. Except as otherwise provided in this
section, only a person for whom a favorable written preplacement
home study has been prepared may accept custody of a minor for
purposes of adoption. A preplacement home study is favorable if it
contains a finding that the person is suited to be an adoptive
parent, either in general or for a particular minor, and it is
completed or brought current within twelve (12) months next
preceding a placement of a minor with the person for adoption.
B. A preplacement home study is not required if a parent or
guardian places a minor directly with a relative of the minor for
purposes of adoption, or if the minor has been residing with a birth
parent's spouse for not less than one (1) year as of the date the
petition for adoption is filed, but a home study of the relative or
stepparent is required during the pendency of a proceeding for
adoption.
C. A prospective adoptive parent shall not be approved for
placement of a child if the petitioners or any other person residing
in the home of the petitioners has been convicted of any of the
following felony offenses:
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1. Within the five-year period preceding the date of the
petition, physical assault, domestic abuse, battery or a drug-
related offense;
2. Child abuse or neglect;
3. A crime against a child, including, but not limited to,
child sexual abuse material, child sexual exploitation, or lewd
molestation of a child, as defined in Section 843.5 of Title 21 of
the Oklahoma Statutes; and
4. A crime involving violence, including, but not limited to,
rape, sexual assault or homicide, but excluding those crimes
specified in paragraph 1 of this subsection.
D. Under no circumstances shall a child be placed in the
custody of an individual subject to the Oklahoma Sex Offenders
Registration Act or an individual who is married to or living with
an individual subject to the Oklahoma Sex Offenders Registration
Act.
SECTION 3. This act shall become effective November 1, 2026.
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Passed the House of Representatives the 17th day of March, 2026.
Presiding Officer of the House
of Representatives
Passed the Senate the _____ day of __________, 2026.
Presiding Officer of the Senate