Is Surrogacy Legal in Ohio?

Yes, surrogacy is legal in Ohio. While the state does not have specific surrogacy statutes, Ohio courts generally recognize and enforce gestational surrogacy agreements, making it a viable option for intended parents and surrogates. With proper legal guidance, intended parents can obtain pre-birth parentage orders to ensure their parental rights are established before the child’s birth. Surrogacy in Ohio offers a supportive legal framework for building families through this life-changing process.

Who Can Pursue Surrogacy in Ohio?

• Marital Status: Ohio allows married couples, partners, and single individuals to pursue surrogacy.
• Genetic Connection: While Ohio does not require a genetic connection, intended parents should consult legal professionals for specific guidance.
• LGBTQIA+ Individuals: Surrogacy in Ohio is open to all individuals, including members of the LGBTQ+ community. Learn more about surrogacy and the LGBTQ+ Community.
• International Intended Parents: International parents can pursue surrogacy in Ohio with proper legal and medical support. Learn more about becoming a parent with international family building.

What Is the Process for Establishing Legal Parentage in Ohio?

The process for establishing legal parentage in Ohio can vary depending on the county and the presiding judge. Intended parents should be prepared for potential legal steps and timelines to ensure parental rights are secured.

• Pre-Birth Orders: Many courts in Ohio allow pre-birth orders to establish legal parentage before the child is born.
• Post-Birth Orders: In some cases, courts issue interim orders pre-birth and finalize parental rights with a post-birth order.
• Non-Genetic Parents: Non-genetic parents may need to pursue a second-parent adoption after the child’s birth to fully secure their parental rights, depending on the specific circumstances and court requirements.

Are There Medical Requirements for Pursuing Surrogacy in Ohio?

Although there is no specific law on this, it is best practice to only pursue surrogacy in Ohio if you have a medical need, which means surrogacy is only permitted if there is a medical reason a person cannot carry their own child. Some examples of medical needs include unexplained infertility, lack of a uterus or vagina, scarring on the uterus, and a history of complicated pregnancies or miscarriage(s). Existing medical conditions like heart disease, kidney disease, diabetes and pregnancy conditions such as preeclampsia and gestational diabetes that could impact a woman’s ability to carry a child to term or put her life at risk may also qualify as a medical need.

Is Altruistic Surrogacy Permitted in Ohio?

Yes, altruistic surrogacy is permitted in Ohio. While Ohio does not have specific statutes addressing surrogacy, courts have generally recognized and upheld surrogacy agreements, including those that are altruistic. In altruistic surrogacy, the surrogate does not receive financial compensation beyond reimbursement for medical and pregnancy-related expenses. It’s important to have a well-drafted surrogacy agreement and to consult with legal professionals experienced in Ohio’s surrogacy laws to ensure all parties’ rights and responsibilities are clearly defined.

Are There Residency Requirements for Intended Parents or Surrogates in Ohio?

In Ohio, there are generally no residency requirements for either intended parents or surrogates. Intended parents do not need to reside in Ohio to pursue a surrogacy journey within the state. Similarly, gestational carriers are not required to be Ohio residents. However, surrogates must be citizens or legal residents of the United States.

Are There Specific Laws Protecting the Rights of Gestational Carriers in Ohio?

Ohio does not have specific statutes that explicitly outline the rights of gestational carriers. However, the state’s legal framework supports and enforces gestational surrogacy agreements, as established in the case of J.F. v. D.B., 879 N.E.2d 740 (2007).

This case confirmed that gestational surrogacy contracts are not against public policy in Ohio, thereby providing a legal basis for such agreements

Learn more about surrogate rights.

What Should Be Included in a Gestational Carrier Agreement (GCA) or Surrogacy Agreement in Ohio?

A comprehensive agreement should cover:

• Legal Rights and Responsibilities: Clearly define the roles and expectations of all parties.
• Medical Considerations: Outline procedures, medical care, and decision-making processes.
• Financial Aspects: Detail compensation, reimbursement of expenses, and financial responsibilities.
• Future Contact: Specify any agreements regarding future contact between the surrogate and the child.

It’s crucial to work with experienced legal professionals to draft and review the agreement.

What Legal Terms Should I Be Familiar With in Ohio Surrogacy?

• Surrogacy: Surrogacy is a modern and growing means of bringing new life into the world, where a woman carries a baby for another person or a couple. The intended parents typically undergo IVF meaning fertilization outside of the body, to transfer their embryo into the surrogate’s uterus. Learn more about American Society of Reproductive Medicine (ASRM) surrogacy recommendations.
• Gestational Surrogacy: Gestational surrogacy is the most common surrogacy practiced today. The surrogate is not genetically or legally related to the baby and is usually compensated for her time and service by the intended parents. Most surrogacy agencies exclusively practice gestational surrogacy. Learn more about What Is A Surrogate?.
• Traditional Surrogacy: A traditional surrogate uses her own egg meaning she is biologically related to the child, while a gestational carrier is not genetically related. This typically means the embryo is created through IVF with the surrogate’s eggs and Intended Father’s or donor’s sperm. In lieu of IVF, parties could also perform Intrauterine Insemination (“IUI”) with the Intended Father’s or donor’s sperm. This is not common in modern family building and rarely practiced today. Learn more about the differences between gestational surrogacy and traditional surrogacy.
• Altruistic Surrogacy: Altruistic surrogacy, sometimes referred to as compassionate surrogacy, is when the surrogate is not financially compensated beyond reimbursement of medical and other pregnancy-related expenses for carrying a child. Many times this is when a friend or relative is the surrogate.
• Intended Parents: The intended parent or parents is the individual or a couple who partner with a surrogate to carry and give birth to a child on the intended parent’s behalf. There are many reasons people choose surrogacy to make their dream of a family come true including infertility, medical reasons, and non-medical reasons.
• Gestational Surrogate: A gestational surrogate is a woman who carries a child for someone who cannot. The surrogate mother undergoes IVF to have an embryo that has no genetic relation to her transferred and she carries the baby to term for the Intended Parent(s). The embryo can be created by both the parents’ egg and sperm or with an egg donor and/or a sperm donor. In modern surrogacy with a gestational surrogate, her egg is not used. Ohio is a surrogacy friendly state. Learn more about becoming a surrogate in Ohio.
• Compensation: Gestational carrier compensation can include medical, legal, and living expenses. Learn more about surrogate pay.

DISCLAIMER: The information in this blog does not constitute legal advice and should not be construed as such. The information contained is strictly for informational purposes only. ConceiveAbilities does not represent or warrant the content to be error-free.