Surrogacy in Ohio

Surrogacy Alert iconOhio is somewhat friendly to gestational surrogacy. Intended Parent(s) can apply for a pre-birth order in Ohio without going through legal hassles. The state allows individuals, married or unmarried couples (same sex or heterosexual) to get a pre-birth order even if none of the Intended Parent(s) has a genetic connection with the child. However, pre-birth orders might be denied in some cases based on the judge’s discretion.

Surrogacy in Ohio

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Also in the Guide:

 

Is Surrogacy Legal in Ohio?

Ohio courts grant pre-birth parentage orders, but results vary by court. Moreover, in about half of Ohio’s 88 counties, pre-birth orders are granted and in the other half, post-birth orders are granted.

Both Intended Parents can be declared the legal parents in a pre-birth order where one or even neither parent is genetically related to the child. Pre-birth orders can be granted if the parent(s) are both single or coupled, married or unmarried, gay or straight, or even when using an egg or sperm donor.

 

Ohio Surrogacy Laws at a Glance

Who can get a pre-birth order in Ohio?

QuestionAnswer
Married heterosexual couple using own egg and own spermYES
Married heterosexual couple using an egg donor or sperm donorYES
Married heterosexual couple using both an egg donor and sperm donorYES

Who can get a post-birth order in Ohio?

Who can get a pre-birth order in Ohio?

Who can get a pre-birth order in Ohio?

 

Pre-Birth Orders in Ohio

Signed between the surrogate and Intended Parent(s) before the child’s birth, a pre-birth order is an agreement that declares the intended parent(s) as the child’s legal parent(s).

Intended Parent(s) in Ohio can apply to get a pre-birth order. Most courts easily approve pre-birth order requests but some requests might get declined based on where the application is submitted. Usually a hearing is not required and intended parents are not required to appear in court. The pre-birth order often doesn’t take more than a day once the paperwork is submitted.
A pre-birth order can name both Intended Parents as the child’s legal parents even if there’s no genetic relation between the child and any of the parents.

Ohio courts issue pre-birth orders to almost all applicants including coupled or single, unmarried or married, straight or gay. They also consider cases where a sperm or egg donor is used.

Pre-birth orders can help resolve confusion related to the child’s true parentage. This can be an issue at the time of the birth as there are emotions attached to the moment.

Following a pre-birth order, the intended parents will be named on the birth certificate. Usually a hearing is not required and intended parents are not required to appear in court. A pre-birth order usually takes the same day.

If an order is granted, same-sex parents are named as Parent+Parent on the final birth certificate.

An egg/sperm donor does not have any parental rights over the child.

 

Post-Birth Orders in Ohio

Of Ohio’s 88 counties half offer pre-birth orders and the other half offer post-birth orders. A post-birth order, unlike a pre-birth order, is filed after the child’s birth. However, they both do the same job – declare the intended parent(s) as the child’s legal parents.
These documents are usually filed after five days of the child’s birth.
In most cases, the biological mother is considered the child’s legal mother until the court executes a post-birth order. However, Intended Parent(s) may have some other legal options to enjoy full parental rights until the court order gets processed.

Both Intended Parents can be declared the legal parents in a post-birth order where one or even neither parent is genetically related to the child. Post-birth orders can be granted if the parent(s) are both single or coupled, married or unmarried, gay or straight, or even when using an egg or sperm donor.

Following a post-birth order, the intended parents will be named on the birth certificate. Usually a hearing is not required and intended parents are not required to appear in court. A post-birth order usually takes the same day.

If an order is granted, same-sex parents are named as Parent+Parent on the final birth certificate.

An egg/sperm donor does not have any parental rights over the child.

 

Surrogacy Contracts in Ohio

While such contracts are legal in the state, the law requires altruistic gestational carrier agreements to include some form of compensation or “consideration”. It is acceptable for the agreement to address as many possibilities as required. It must detail the process the intended parents can follow to become the child’s legal parents. Moreover, the agreement must clearly mention the surrogate and her partner’s willingness to give up all parental rights.

The agreement must clearly mention all fees with no scope for confusion. If needed, the parties may get to choose an escrow agent to make sure the process goes smoothly. This must be clearly mentioned in the contract. The surrogate may receive additional compensation if the process involves carrying multiple fetuses or if the surrogate has to go through invasive procedures.

In addition to this, costs related to health care and insurance must be covered as well. The agreement must mention lost wages, housekeeping, child care for the carrier if required during or after the process (postpartum), travel costs related to medical appointments, and maternity clothes. Lastly, the planning must involve a term life insurance policy on behalf of the surrogate.

 

Best Surrogacy Clinics in Ohio

Ohio is an excellent choice for surrogacy. Top clinics in the state offer a success rate of 51.05 percent for each transfer on an average. This is quite higher than the national average of 46.5 percent.

Here’s what the top three clinics in the state offer:

However, there are a total of 11 clinics in the state that cover IVF cases but only 6 of these perform “surrogacy-type” IVF cases on a regular basis. These can be defined as cases that involve the use of a donor egg and frozen embryo transfers. This is the most common surrogacy process in the US.

 

LEGAL DISCLAIMER

All legal information in the SENSIBLE website is intended only as a guide, and not a replacement for opinions of licensed legal professionals. Some information may have changed since the time of publication, or may not apply to the particular circumstances of your case. Please consult an attorney who is licensed in the jurisdiction with authority over your journey.

About the authors

  • Author: William (Bill) Houghton

    Bill Houghton is the founder of Sensible Surrogacy, author of the Sensible Surrogacy Guide, 2x surrogacy dad, and a dedicated advocate for secure, legal and ethical Gestational Surrogacy. Read Bill's Biography
  • Reviewer: Thomas Taneff

    Thomas Taneff is one of the most experienced attorneys in Columbus, Ohio, and nationwide, in the practice area of surrogacy and reproductive law. With 20 years' experience in reproductive law, Thomas's firm is able to help many clients start families through Gestational or Traditional Surrogacy.

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