Ohio case law, J.F. v. D.B., 879 N.E.2d 740 (2007), permits gestational surrogacy; and pre-birth parentage orders can be obtained by any intended parent in most circumstances, whether married or unmarried, a heterosexual or same-sex couple or individual, and even if neither intended parent is genetically related to the child. Results vary, however, by judge and county.
Although the following guide can give you a better understanding of the general rules and regulations of surrogacy in Ohio, it is not meant to be used as legal advice. It is important to consult with an experienced attorney to guide you through your unique journey.
Below is a list of some of the most frequently asked questions about surrogacy in Ohio.
Yes. Ohio state law permits gestational surrogacy.
Yes. Traditional surrogacy is legal because there is no statute or case law that prohibits it. The enforceability of individual traditional surrogacy contracts varies by judge and circumstances.
Yes. Compensated surrogacy is legal in Ohio; this is something that is established when the surrogacy contract between surrogates and intended parents is drafted. In addition to their base pay, Surrogates are compensated for their time, the medical risks they accept, and the list of expenses below:
Surrogacy contracts must be created by separate surrogate attorneys throughout the execution of the contract to ensure both parties’ interests and rights are protected. These attorneys will negotiate a contract that addresses at least the following:
Once the contract has been finalized and signed by both parties, the medical process of surrogacy can begin.
In most circumstances, pre-birth parentage orders can be obtained by any intended parent, regardless of sexual orientation, marital status, or the genetic relationship to the child. However, the results vary by judge and county.
In about half of Ohio’s 88 counties, pre-birth orders are granted and in the other half, post-birth orders are granted.
Below is a list of some of the most frequently asked questions about surrogacy in Ohio:
A: This is unclear since Ohio surrogacy laws do not specify the enforceability of surrogacy contracts. However, since a surrogacy contract is like any other legal contract, it is presumed that the contract would be enforceable. It is important to work with an experienced surrogate attorney to guide you through this process.
A: No. International intended parents are subject to the same Ohio surrogacy laws as domestic intended parents. It is important, however, that Intended parents from another country speak with an immigration lawyer to ensure they follow the proper legal steps for taking their child home.
A: When intended parents have a properly executed gestational surrogacy agreement, no adoption should be necessary. In most cases, pre-birth parentage orders can be obtained by any intended parent, whether married or unmarried, a heterosexual or same-sex couple or individual, and even if neither intended parent is genetically related to the child. Results vary, however, by judge and county.
A: No. Second-parent adoptions are not permitted in Ohio so unmarried intended parents will be required to pursue a second-parent adoption outside the state in order to secure his or her legal parental rights.
Stepparent adoptions are available to married couples.
A: Unmarried non-biological parents can protect their parental rights by obtaining a pre-birth or post-birth parentage order. They can also pursue adoption outside the state if needed. It is crucial to consult with a surrogacy attorney for the best course of action.
A: This is unclear since Ohio surrogacy laws do not specify the enforceability of surrogacy contracts. However, since a surrogacy contract is like any other legal contract, it is presumed that the contract would be enforceable. It is important to work with an experienced surrogate attorney to guide you through this process.
A: No. International intended parents are subject to the same Ohio surrogacy laws as domestic intended parents. It is important, however, that Intended parents from another country speak with an immigration lawyer to ensure they follow the proper legal steps for taking their child home.
Thomas Addesa
Columbus, OH
Rtaddesa@adwllp.com
(614) 221-0944
Ellen Essig
Cincinnati, OH
ee@essigevans.com
(513) 698-9345
Lauren McClain
Cincinnati, OH
lauren@laurenmcclainelaw.com
(513) 545-7043
This is a copyrighted document and therefore protected by the copyright laws of the United States. Violation of these laws is a punishable offense under the US Copyright laws and, depending on the method of transmission, under the Digital Millennium Copyright Act. Any retransmission or use of this document or any map herein is expressly prohibited without prior and express authorization of SurrogateFirst Corp.
SurrogateFirst Corp. is not providing legal advice to users of this website, nor does use of any of the maps or summaries on this website constitute or create any attorney-client relationship between SurrogateFirst Corp. and users of this site.
This website is not intended to substitute for consulting with legal counsel in the appropriate local jurisdiction. SurrogateFirst Corp. makes no warranties that the information on this site is current, accurate, or that favorable results that have been obtained in prior cases will be obtained in future cases.
Please advise us of any state law updates at info@surrogatefirst.com.
