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STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
SENATE BILL 1049 By: Standridge
AS INTRODUCED
An Act relating to health care; creating the Wrongful
Life Act; providing short title; prohibiting
physician or other health care professional from
providing certain services to a minor; prohibiting
parent or legal guardian from consenting to certain
services; authorizing certain civil actions;
specifying who may bring an action; allowing
unlimited time period for commencement of an ac tion
subject to certain conditions; creating certain
rebuttable presumption; pr oviding for dismissal of
cause of action under certain condition; authorizing
award of certain damages or relief; providing for
recovery of court costs and reasonable attorney f ees;
providing certain construction; providing for
codification; and providing 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 2607.1 a of Title 63, unless
there is created a duplicat ion in numbering, reads as follows:
This act shall be known and may be cited as the “Wrongful Life
Act”.
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SECTION 2. NEW LAW A new section of law to be co dified
in the Oklahoma Statutes as Section 2607.1b of Title 63, unless
there is created a duplication in numbering, reads as follows:
A. A physician or other health care professional shall not
prescribe to or perform on any individual under eighteen (18) years
of age:
1. Gender transition surgery;
2. Hormone therapy; or
3. Puberty-blocking drugs, unless such drugs are medically
necessary. For the purpose of this paragraph, a gender transition
shall not constitute medical necessity.
B. A person may bri ng an action against a physician or other
health care professional who prescribed or performed gender
transition surgery, hormone therapy, or puberty -blocking drugs if
the gender transition surgery, hormone therapy, or puberty -blocking
drugs caused the per son to not be able to enjoy the natural
reproductivity functions of childbearin g and rearing that the person
would have enjoyed if not for the gender transition surgery, hormone
therapy, or puberty-blocking drugs.
C. If the person is under eighteen (18) y ears of age, he or she
may bring an action throughout his or her minority through a parent
or legal guardian, and may bring an action in his or her own name
upon reaching majority.
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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, hormone therapy, or
puberty-blocking drugs.
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 establishes a violation of subsection A of
this section and who can show that he or she has suffered ha rm 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.
F. A plaintiff who establishes 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 shall re cover court costs
and reasonable attorney fees.
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SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 2607. 1c of Title 63, unless
there is created a duplication in numbering, reads as follows:
A. A parent or legal guardian shall not consent, on behalf of
any individual under eighteen (18) years of age for whom the parent
or legal guardian has the authority to make medical decisions, to
the prescription or performance of the following treatments b y a
physician or other health care professional:
1. Gender transition surgery;
2. Hormone therapy; or
3. Puberty-blocking drugs, unless such drugs are medically
necessary. For the purpose of this paragraph, a gender transition
shall not constitute medi cal necessity.
B. If a person received gender transition surgery, hormone
therapy, or puberty-blocking drugs while such person was under
eighteen (18) years of age and if the gender transition surgery,
hormone therapy, or puberty-blocking drugs caused the person to not
be able to enjoy the natural reproductivity functions of
childbearing and rearing that the person would have enjoyed if not
for the gender transition surgery, hormone therapy, or puberty-
blocking drugs, the person may bring an action against his or her
parent or legal guardian who consented to the gender transition
surgery, hormone therapy, or puberty-blocking drugs on behalf of the
minor.
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C. If the person is under eighteen (18) years of age, he or she
may bring an action:
1. Throughout his or her minority through a parent or legal
guardian, provided that the parent o r legal guardian is not the same
parent or legal guardian who consented to the gender transition
surgery, hormone therapy, or puberty-blocking drugs on behalf of the
minor; and
2. In his or her own 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, wo uld be capable of bearing children
if not for the gender transition surgery, hormone therapy, or
puberty-blocking drugs.
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 establishes 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;
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2. Punitive damages; or
3. Any other appropriate relief.
F. A plaintiff who establishes a violation of subsec tion A of
this section 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.
G. In addition to the other remedies provided by this
subsection, a parent or leg al guardian found to have violated
subsection A of this section, in cases where there are potentially
grave long-term effects on the child, shall, upon conviction, be
guilty of child abuse punishable as provided in Section 843.5 of
Title 21 of the Oklahoma Statutes.
SECTION 4. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 2607.1d of Title 63, unless
there is created a duplication in numbering, reads as follows:
The violations, penalties, and remedies provided by this act
shall be in addition to those provided by Section 2607.1 of Title 63
of the Oklahoma Statu tes. This act shall not be construed to
supersede, replace, or abrogate any of the provisions of Section
2607.1 of Title 63 of the Oklahoma Sta tutes.
SECTION 5. This act shall become effective November 1, 2025.
60-1-614 DC 1/16/2025 2:45:22 PM