Surrogacy in Ohio

Ohio is considered “Somewhat Friendly” to gestational surrogacy. Intended Parents 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 neither of the Intended Parents 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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Is Surrogacy Legal in Ohio?

Surrogacy is legal in Ohio, despite not having any specific legislation supporting the practice. Ohio courts have upheld surrogacy contracts and will generally enforce the agreement. Courts even allow for commercial (or paid) surrogacy arrangements.

Ohio courts grant pre-birth parentage orders, but results vary by court. 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 parents 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

Can married couples 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

Can unmarried couples get a pre-birth order in Ohio?

Can LGBT+ couples get a pre-birth order in Ohio?

Can single parents get a pre-birth order in Ohio?

 

Pre-Birth Orders in Ohio

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.

A pre-birth order is an agreement that the surrogate mother and the intended parents sign before the child is born. The document declares that the intended parents are the legal parents of the child. With a pre-birth order, the birth certificate is immediately issued with the names of the Intended parents with no additional court proceedings needed.

Intended Parents 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.

Following a pre-birth order, the intended parents will be named on the birth certificate. 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

Not all states allow parents to file a pre-birth order early; some issue an order only after the baby is born. These “post-birth orders” are usually filed in the week after the birth of the baby.

Of Ohio’s 88 counties half offer pre-birth orders and the other half offer post-birth orders. Although a post-birth order is filed after the child’s birth, they both do the same job as the pre-birth order – declare the intended parents as the child’s legal parents.

In most cases, the biological mother is considered the child’s legal mother until the court executes a post-birth order. However, Intended Parents 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 parents are both single or coupled, married or unmarried, gay or straight, or even when using an egg or sperm donor.

 

Surrogacy Contracts in Ohio

While surrogacy contracts are legal in Ohio, 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

According to the data reported by the CDC, 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.
 


About the authors

  • Author: William 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.

 


Frequent Questions about Surrogacy in Ohio

Is surrogacy in Ohio legal?

Ohio is somewhat friendly to gestational surrogacy. Intended Parents 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 Parents has a genetic connection with the child. However, pre-birth orders might be denied in some cases based on the judge’s discretion.

In which US states is surrogacy legal?

Surrogacy is legal and supported in almost all U.S. states, with only five with explicit laws forbidding surrogacy agreements. Even among 'unfriendly' states, surrogacy is often still possible, but there are legal obstacles to navigate to ensure your parental rights. Check out SENSIBLE's ratings of friendly surrogacy destinations in the U.S. and worldwide.

Are pre-birth orders possible 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.

Are surrogacy contracts valid 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.

How much does surrogacy cost in Ohio?

The average cost of surrogacy ranges from $120,000 to $150,000 in the United States, but low-cost options start at less than $100,000. Overseas surrogacy costs as little as $50,000 in Eastern Europe or South America, to $80,000 in Western countries like the UK, Greece or Canada.

How much do surrogates earn?

SENSIBLE surrogate mothers make $50,000 to $70,000 for a surrogacy journey in the United States. The surrogate's total pay is separated into 'Base Salary' and 'Benefits'. Benefits usually include a monthly living stipend, maternity clothes, travel expenses, and other fees.

 

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.

 

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