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Oklahoma Legislature· SB 1049Second Reading referred to Health and Human Services

An act relating to health care, the official text

Shown verbatim: the complete text as captured from the official PDF posted by the Oklahoma Legislature, fetched 2026-07-23. Page and line markers are part of the official record; nothing is edited or removed. The official bill page.
1                            STATE OF OKLAHOMA

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2                 1st Session of the 60th Legislature (2025)

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3 SENATE BILL 1049           By: Standridge
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6                            AS INTRODUCED

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7         An Act relating to health care; creating the Wrongful

7         Life Act; providing short title; prohibiting

8         physician or other health care professional from

8         providing certain services to a minor; prohibiting

9         parent or legal guardian from consenting to certain

9         services; authorizing certain civil actions;

10        specifying who may bring an action; allowing

10        unlimited time period for commencement of an action

11        subject to certain conditions; creating certain

11        rebuttable presumption; providing for dismissal of

12        cause of action under certain condition; authorizing

12        award of certain damages or relief; providing for

13        recovery of court costs and reasonable attorney fees;

13        providing certain construction; providing for

14        codification; and providing an effective date.

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17 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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18  SECTION 1.      NEW LAW  A new section of law to be codified

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19 in the Oklahoma Statutes as Section 2607.1a of Title 63, unless
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20 there is created a duplication in numbering, reads as follows:
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21  This act shall be known and may be cited as the "Wrongful Life

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22 Act".
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    Req. No. 614                                               Page 1
1   SECTION 2.    NEW LAW   A new section of law to be codified

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2 in the Oklahoma Statutes as Section 2607.1b of Title 63, unless
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3 there is created a duplication in numbering, reads as follows:
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4   A. A physician or other health care professional shall not

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5 prescribe to or perform on any individual under eighteen (18) years
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6 of age:
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7   1. Gender transition surgery;

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8   2. Hormone therapy; or

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9   3. Puberty-blocking drugs, unless such drugs are medically

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10 necessary. For the purpose of this paragraph, a gender transition
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11 shall not constitute medical necessity.
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12  B. A person may bring an action against a physician or other

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13 health care professional who prescribed or performed gender
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14 transition surgery, hormone therapy, or puberty-blocking drugs if
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15 the gender transition surgery, hormone therapy, or puberty-blocking
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16 drugs caused the person to not be able to enjoy the natural
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17 reproductivity functions of childbearing and rearing that the person
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18 would have enjoyed if not for the gender transition surgery, hormone
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19 therapy, or puberty-blocking drugs.
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20  C. If the person is under eighteen (18) years of age, he or she

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21 may bring an action throughout his or her minority through a parent
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22 or legal guardian, and may bring an action in his or her own name
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23 upon reaching majority.
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    Req. No. 614                                                Page 2
1   D. 1. Notwithstanding any other provision of law, there shall

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2 be no time limitation for the commencement of an action brought
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3 under this section except as provided by this subsection.
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4   2. There shall be a rebuttable presumption that the plaintiff,

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5 based solely on his or her age, would be capable of bearing children
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6 if not for the gender transition surgery, hormone therapy, or
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7 puberty-blocking drugs.
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8   3. If the presumption described in paragraph 2 of this

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9 subsection is successfully rebutted, the court shall dismiss the
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10 cause of action.
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11  E. A plaintiff who establishes a violation of subsection A of

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12 this section and who can show that he or she has suffered harm as
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13 described in subsection B of this section may be granted:
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14  1. Compensatory damages appropriate to the loss of natural

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15 reproductivity functions as described in subsection B of this
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16 section;
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17  2. Punitive damages; or

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18  3. Any other appropriate relief.

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19  F. A plaintiff who establishes a violation of subsection A of

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20 this section and who can show that he or she has suffered harm as
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21 described in subsection B of this section shall recover court costs
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22 and reasonable attorney fees.
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    Req. No. 614                                              Page 3
1   SECTION 3.    NEW LAW   A new section of law to be codified

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2 in the Oklahoma Statutes as Section 2607.1c of Title 63, unless
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3 there is created a duplication in numbering, reads as follows:
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4   A. A parent or legal guardian shall not consent, on behalf of

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5 any individual under eighteen (18) years of age for whom the parent
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6 or legal guardian has the authority to make medical decisions, to
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7 the prescription or performance of the following treatments by a
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8 physician or other health care professional:
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9   1. Gender transition surgery;

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10  2. Hormone therapy; or

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11  3. Puberty-blocking drugs, unless such drugs are medically

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12 necessary. For the purpose of this paragraph, a gender transition
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13 shall not constitute medical necessity.
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14  B. If a person received gender transition surgery, hormone

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15 therapy, or puberty-blocking drugs while such person was under
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16 eighteen (18) years of age and if the gender transition surgery,
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17 hormone therapy, or puberty-blocking drugs caused the person to not
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18 be able to enjoy the natural reproductivity functions of
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19 childbearing and rearing that the person would have enjoyed if not
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20 for the gender transition surgery, hormone therapy, or puberty-
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21 blocking drugs, the person may bring an action against his or her
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22 parent or legal guardian who consented to the gender transition
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23 surgery, hormone therapy, or puberty-blocking drugs on behalf of the
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24 minor.
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    Req. No. 614                                             Page 4
1   C. If the person is under eighteen (18) years of age, he or she

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2 may bring an action:
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3   1. Throughout his or her minority through a parent or legal

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4 guardian, provided that the parent or legal guardian is not the same
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5 parent or legal guardian who consented to the gender transition
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6 surgery, hormone therapy, or puberty-blocking drugs on behalf of the
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7 minor; and
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8   2. In his or her own name upon reaching majority.

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9   D. 1. Notwithstanding any other provision of law, there shall

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10 be no time limitation for the commencement of an action brought
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11 under this section except as provided by this subsection.
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12  2. There shall be a rebuttable presumption that the plaintiff,

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13 based solely on his or her age, would be capable of bearing children
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14 if not for the gender transition surgery, hormone therapy, or
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15 puberty-blocking drugs.
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16  3. If the presumption described in paragraph 2 of this

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17 subsection is successfully rebutted, the court shall dismiss the
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18 cause of action.
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19  E. A plaintiff who establishes a violation of subsection A of

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20 this section and who can show that he or she has suffered harm as
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21 described in subsection B of this section may be granted:
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22  1. Compensatory damages appropriate to the loss of natural

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23 reproductivity functions as described in subsection B of this
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24 section;
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    Req. No. 614                                              Page 5
1   2. Punitive damages; or

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2   3. Any other appropriate relief.

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3   F. A plaintiff who establishes a violation of subsection A of

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4 this section and who can show that he or she has suffered harm as
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5 described in subsection B of this section shall recover court costs
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6 and reasonable attorney fees.
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7   G. In addition to the other remedies provided by this

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8 subsection, a parent or legal guardian found to have violated
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9 subsection A of this section, in cases where there are potentially
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10 grave long-term effects on the child, shall, upon conviction, be
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11 guilty of child abuse punishable as provided in Section 843.5 of
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12 Title 21 of the Oklahoma Statutes.
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13  SECTION 4.    NEW LAW        A new section of law to be codified

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14 in the Oklahoma Statutes as Section 2607.1d of Title 63, unless
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15 there is created a duplication in numbering, reads as follows:
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16  The violations, penalties, and remedies provided by this act

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17 shall be in addition to those provided by Section 2607.1 of Title 63
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18 of the Oklahoma Statutes. This act shall not be construed to
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19 supersede, replace, or abrogate any of the provisions of Section
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20 2607.1 of Title 63 of the Oklahoma Statutes.
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21  SECTION 5. This act shall become effective November 1, 2025.

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23  60-1-614      DC         1/16/2025 2:45:22 PM

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    Req. No. 614                                           Page 6
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