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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
SENATE BILL 787 By: Standridge
AS INTRODUCED
An Act relating to health care; prohibiti ng physician
or other healthcare professi onal from providing
certain service to minor; authorizing certain civil
action; specifying who may bring an action; allowing
unlimited time period for commencement of an action
subject to certain conditions; creating certain
rebuttable presumption; providi ng for dismissal of
cause of action under certain c ondition; authorizing
award of certain dama ges or relief; providing for
recovery of court costs and reasonable attorney fees;
providing for codification; and provi ding an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 2607.2 of Title 63, unless there
is created a duplication in numbering, reads as follows:
A. A physician or other healthcare professional shall not
provide gender transition surgery to any individual under eighteen
(18) years of age.
B. A person may bring an action against a physician or other
healthcare professional who provided gender transition surgery to
the person if the gender transition surgery caused the person to not
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be able to enjoy the natural reproductivity functions of child
bearing and rearing that the person would have enjoyed if not for
the gender transition surgery .
C. If the person is under eighteen (18) years of age, he or she
may bring an action throughout their minority through a parent or
legal guardian, and may bring an action in their o wn name upon
reaching majority.
D. 1. Notwithstanding any other provision of law, there shall
be no time limitation for the commencement of an action brought
under this section except as provided by this subsection.
2. There shall be a rebuttable presumption that the plaintiff ,
based solely on his or her age, would be capable of bearing children
if not for the gender transition surgery .
3. If the presumption described in paragraph 2 of this
subsection is successfully rebutted, the court shall dismiss the
cause of action.
E. A plaintiff who establis hes a violation of subsection A of
this section and who can show that he or she has suffered harm as
described in subsection B of this section may be granted:
1. Compensatory damages appropriate to the loss of natural
reproductivity functions as described in subsection B of this
section;
2. Punitive damages; or
3. Any other appropriate relief.
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F. A plaintiff who establishes a violation of subsection A of
this act and who can show that he or she has suffered harm as
described in subsection B of this section shall recover court costs
and reasonable attorney fees.
SECTION 2. This act shall become effective November 1, 2023.
59-1-127 DC 1/18/2023 7:24:14 PM