Ohio Surrogacy: Laws & Complete Guide
General Surrogacy context in Ohio
- Is gestational and traditional surrogacy legal in Ohio?
- What specific surrogacy requirements apply in Ohio, if any?
- What must be included in a legally valid Ohio surrogacy contract?
- What factors influence the cost of surrogacy in Ohio, including s compensation and agency fees?
- What influences how much surrogacy costs and surrogates get compensated in Ohio compared to other states?
- How friendly is LGBTQ+ surrogacy in Ohio?
Is Surrogacy Legal in Ohio?
Yes. Ohio state law permits gestational surrogacy.
Statutory & case-law breakdown In Ohio
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.
Is Traditional Surrogacy Legal in Ohio?
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.
Is Compensated Surrogacy Legal in Ohio?
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:
- Mock cycle compensation
- Embryo transfer compensation
- Starting medication compensation
- Monthly allowance for miscellaneous expenses
- Monthly Housekeeping budget
- Maternity clothing budget
- Medical expenses
- Travel to and from clinic/hospital
- Lost wages if applicable
- Child care if bed rest is required
- Term life insurance
- Medical insurance
- Independent legal counsel
- Psychological counseling
- Other depending on agency
Definitions: Learn about the difference between all the types of surrogacy here or click the terms to understand each more in depth:
- Gestational Surrogacy vs Traditional
- Compensated Surrogacy (Commercial) vs Altruistic Surrogacy are
Surrogate Compensation in Ohio
Surrogate compensation in the U.S. follows national industry standards and is not determined by state law. Outside of California, compensation ranges are largely consistent nationwide. (California experiences slightly higher ranges due to market demand and cost of living) However, the factor of experience affects more greatly the compensation: repeat surrogates typically receive higher compensation.
Surrogacy Costs in Ohio
For intended parents, the overall cost structure of surrogacy is the same in every state, but individual line items may vary depending on location and professional fees.
Costs related to clinics, legal services and procedures, as well as insurance can vary by state, provider, and individual circumstances. While surrogate compensation, escrow management, agency fee
Surrogacy requirements:
who can become a surrogate in Ohio?
Short answer: it is the same as in most states. Surrogate eligibility requirements are largely the same across all U.S. states, as they are driven by the American Society for Reproductive Medicine (ASRM) guidelines as medical guidelines, clinic standards, and ethical best practices rather than state law. There are 3 main categories of criteria that apply in this state and nationwide. However, there are many more details involved. Click below to understand the criteria into details.
- Health Based Requirements
- Lifestyle Factors
- Support System.
Note: While the surrogate requirements are consistent nationwide, intended parents must also meet any legal requirements related to contracts and parentage orders of the state they choose to conduct the surrogacy in, which are handled separately (below).
Surrogacy Contract & Court orders in Ohio
Creating an Ohio Surrogacy Contract
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:
- The rights and responsibilities of each party
- Any potential risks and liabilities and the steps to take should they occur
- Surrogate compensation and other financial information, like surrogacy insurance
- Agreements on sensitive issues like selective reduction and termination
- Contact expectations
- And more
Once the contract has been finalized and signed by both parties, the medical process of surrogacy can begin.
Determining Legal Parentage in Ohio
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.
Most Common FAQ about surrogacy in Ohio
Below is a list of some of the most frequently asked questions about surrogacy in Ohio:
Q: Are Surrogacy Contracts (Whether Compensated or Altruistic) Enforceable 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.
Q: Are There Any Particular Laws for Parents Outside the U.S. Who Complete a Surrogacy in Ohio?
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.
Q: When do Intended Parents Need to Complete an Adoption After Birth?
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.
Q: Does Ohio Allow Second-Parent Adoptions? Who Would Need to Complete a Second-Parent Adoption vs. a Stepparent Adoption (If Applicable)?
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.
Q: If Intended Parents Cannot Complete a Second-Parent Adoption, How Can Unmarried Non-Biological Intended Parents Protect Their Parental Rights?
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.
Same Sex surrogacy in Ohio
Q: Are Surrogacy Contracts (Whether Compensated or Altruistic) Enforceable 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.
Q: Are There Any Particular Laws for Parents Outside the U.S. Who Complete a Surrogacy in Ohio?
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.
Surrogacy Agencies & Legal Professionals in Ohio
Looking for a Surrogacy Agency in Ohio?
Whether a surrogate or intended parent(s), SurrogateFirst offers nation wide coverage and is there to accompany you on your journey in Ohio as your surrogacy agency.
Find out more about how SurrogateFirst can support in Ohio here:
Looking for a surrogacy attorney in Ohio, Colombus & Cincinnati?
Choosing the right professionals is an essential part of any surrogacy journey. Here is a non-exhaustive directory of legal professionals active in Ohio, provided for informational purposes.
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
Need some help with Legal Aspects of surrogacy in Ohio?
What is the Surrogacy Process in Ohio?
The surrogate process – when it comes to gestational surrogacy – follows the same surrogacy program in all states:
- Step 1 . Learning & Research
- Step 2: Application & Consultation
- Step 3. Matching
- Step 4. Medical Screening
- Step 5. Contract & Escrow
- Step 6. Insurance coordination 1 week
- Step 7. IVF & Embryo transfer 6-7 weeks
- Step 8. Pregnancy 36-38 weeks
- Step 9. Delivery & Birth a few hours
