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New Oklahoma Surrogacy Law
Title 63 Oklahoma Statutes Section , effective November 1,2017, adds surrogacy hierarchy for patients incapable of medical decision-making.
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Making Decisions for Patients
63 OK Stat § (2014) An individual making life-sustaining treatment decisions pursuant to the provisions of the Oklahoma Advance Directive Act for a declarant shall make such decisions based on the known intentions, personal views and best interests of the declarant. If evidence of the declarant's wishes is sufficient, those wishes shall control. If there is not sufficient evidence of the wishes of the declarant, the decisions shall be based on the reasonable judgment of the individual so deciding about the values of the declarant and what the wishes of the declarant would be based upon those values.
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Surrogacy Hierarchy 1. Guardian 2. Health Care Proxy
3. Durable Power of Attorney 4. Patient’s Spouse 5. Adult Children of the Patient 6. Parents of the Patient 7. Adult Siblings 8. Other Adult Relatives in Order of Kinship 9. Close Friends of the Patient
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Exceptions to Surrogacy
21 Oklahoma Statutes Section 843.1: Person convicted of a felony for abuse, financial neglect, neglect, sexual abuse or exploitation by a caretaker; 21 Oklahoma Statutes Section 843.2: Person convicted of a misdemeanor for verbal abuse by a caretaker; 21 Oklahoma Statutes Section 843.3: Person convicted of a felony for abuse, sexual abuse or exploitation of a vulnerable adult; 21 Oklahoma Statutes Section 843.4: Person in a position of trust with elderly or disabled adult endeavors to obtain funds, assets or property; 43A Oklahoma Statutes Section : Person has committed or been criminally charged with abuse, verbal abuse, or exploitation of vulnerable adult.
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More Stuff Disagreement within a class of surrogates= majority rules;
Health care provider or any member of a surrogacy class may petition a court to allow a different health care decision to ensure that the decision is based on the known intentions, personal views, and bests interests of the patients as provided by Title 63 Oklahoma Statutes Section
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