Ohio Surrogacy Laws

In Ohio, gestational surrogacy is permitted. The Supreme Court of Ohio confirmed that gestational surrogacy is permitted in Ohio in the case of “J.F. v. D.B” in 2007. Under Ohio case law, gestational surrogacy contracts are not against public policy.

Gestational surrogacy is practiced throughout Ohio cities, such as Cleveland, Columbus, and Cincinnati.

There is no Ohio case law or any state statute that prohibits would-be parents from practicing traditional surrogacy in Ohio. Would-be parents who are considering traditional surrogacy in Ohio should be cautious, however, because the enforceability of traditional surrogacy contracts varies by judge in each county.

Laws Concerning Parentage Orders in Ohio

Ohio allows for its courts to grant pre-birth parentage orders, but results can vary greatly by county.

In Cuyahoga County and Hamilton County, Ohio, where a number of Ohio’s fertility clinics are, the courts will have more experience in granting pre-birth parentage orders. In smaller counties like Allen County, this process may be less practiced.

For those Ohio counties where pre-birth orders will not be granted, post-birth orders are generally granted.

Egg and Sperm Donor Law in Ohio

Under Ohio statute, when a woman is artificially inseminated by a sperm donor who is not her spouse, the donor is not the father of the child who is subsequently conceived (Ohio Statute, R.C. § 3111.95).

A woman who gives birth to a child as a result of embryo donation is treated as the natural mother of the child, and her husband is treated as the natural father (Ohio Statute, R.C. § 3111.97).

In the Court of Appeals of Ohio for the Tenth Appellate District, in the case of “S.N. v. M.B.” in 2010, the court concluded that neither a sperm donor nor an egg donor were the parents of a child conceived as a result of a donation in Franklin County, Ohio. There has not been any other published case law to establish this precedent for other counties in Ohio.

Ohio Stepparent and Second-Parent Adoption Law

Ohio requires that a stepparent be married to the child’s biological parent before the court will grant a stepparent adoption (Ohio Statute, R.C. §3107.03).

Ohio courts will not grant second-parent or stepparent adoptions to same-sex couples living in Ohio; however, Ohio does permit same-sex couples to enter into a shared parenting plan that may afford the same legal rights to the stepchild as to both the biological parent and stepparent (In re Bonfield, 780 N.E. 2nd 241 Ohio (2002).).

Fertility Clinics in Ohio

Talk to Baby Steps Surrogacy Center, Inc.

If you’re having trouble understanding and navigating Ohio surrogacy laws, don’t give up. Instead, contact Baby Steps Surrogacy Center, Inc. Reach us through the contact buttons at the top of this page or give us a call at 412-884-2229.