Gestational Surrogacy Regulations in Ohio

Overview

Gestational Surrogacy is in Ohio by published case law (J.F v. D.B, 879 N.E.2d 740, 2007).
No public policy is violated when a Gestational Surrogacy contract is entered into.

Intended Parents

Age requirement:
18 years of age or older
Marriage requirement:
No
Married heterosexual couple:
Yes
Married same-sex couple:
Yes
Unmarried heterosexual couple:
Yes
Unmarried same-sex couple:
Yes
Resident status:
No*
Independent legal counsel:
Yes

Gestational Surrogates

Age requirement:
18 years of age or older
Marriage requirement:
No
If married/partnered:
husband’s/partner’s sperm cannot be used
Surrogate status:
Gestational and Traditional Surrogacy
Resident status:
No*
Use of own embryos:
No
Independent legal counsel:
Yes
*as long as the IP(s) or GC are residents of Ohio, there is basis for venue in Ohio. There is also basis for venue if the child is born in Ohio * ´

Embryos

Intended Parents own sperm:
Yes
Intended Parents own eggs:
Yes
Intended Parents using sperm donor:
Yes
Surrogate status:
Gestational and Traditional Surrogacy
Intended Parents using egg donor:
Yes
Intended Parents using both egg and sperm donor:
Yes

Birth of Child

Birth in Ohio:
Yes
Birth outside of Ohio:
Yes

Pre-Birth 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 nether
Intended Parent is genetically related.

Parentage

Pre-Birth Orders:
Yes
Hearing to obtain Order:
No
Post-Birth Orders:
Yes

General Information

Will Ohio Vital Records honor a Pre-Birth Order from another state:
Yes
What is the typical time frame to obtain a birth certificate after delivery:
4-6 weeks
How are same-sex parents named on the final birth certificate:
Parent and Parent
Can an international same-sex male couple obtain an initial birth certificate naming the biological father and Gestational Carrier:
Yes
Can an international same-sex male couple subsequently obtain a birth certificate naming only the biological father or both fathers with no mention of the Gestational Carrier:
Yes

Second Parent and Stepparent Adoptions for Ohio Residents:

*This situation typically arises if the child is born outside of Ohio. The parents then return to Ohio to obtain a second parent adoption or stepparent adoption in Ohio. Second parent or stepparent adoptions in Ohio are typically only granted to heterosexual couples. Please consult with your attorney on this matter if this issue is to arise*

Traditional Surrogacy in Ohio?

*Traditional Surrogacy is permitted in Ohio because there is no statute or published case law that prohibits it. Please consult with a local attorney to determine if you can move forward with traditional surrogacy*
Legal content provided by:

Disclaimer - The information provided on these pages does not, and is not intended to, constitute legal advice; all content is for general informational purposes only and may not constitute the most up-to-date legal information, either. Please consult with an ART Lawyer for legal advice specific to your case.