Assisted Reproduction Technology
The law governing egg and sperm donation, surrogacy, and other assisted reproductive technologies is still young in Ohio. While engaging in assisted reproduction, we strongly recommend that all parties seek legal counsel in order to protect their rights.
We offer the following services in relation to assisted reproduction:
- Writing and reviewing sperm and egg donation contracts
- Writing, reviewing, and negotiating surrogacy contracts
- Planning for and ensuring the proper allocation of parental rights after birth
- Obtaining pre-birth orders when possible
- Obtaining valid birth certificates that accurately reflect parentage
We serve clients on all sides of an assisted reproduction arrangement, including different- and same-sex couples, single parents, surrogates, and egg and sperm donors.
One of the key points to remember is that if possible, the parties should sign the necessary documents and consult with attorneys before the birth takes place. It is possible to obtain an order establishing parentage after the birth, but it can be an expensive and uncertain proposition if the legal parent refuses to consent to waive their parental rights. The parents involved should obtain legal advice before starting their family.
Do I need an attorney to hire a surrogate in Ohio?
There is no legal requirement that you hire an attorney to assist with your surrogacy or gestational carrier arrangement in Ohio, but it is strongly recommended. Often, the medical providers will insist that an attorney sign off on such an arrangement before they will perform the embryo transfer.
Whether you are the genetic parent, intended parent, gestational carrier, egg donor, or sperm donor, we strongly recommend that you hire counsel to ensure you understand your rights and responsibilities in the donation, surrogacy, or gestational carrier process. A competent attorney can help ensure that your rights are protected and responsibilities limited. Schedule a free half-hour consultation today.
Does my surrogate or gestational carrier need an attorney?
Again, there is no legal requirement that the surrogate or gestational carrier be represented by counsel, but it is strongly recommended. It is customary for both parties to have their own counsel to get legal advice about the contracting process. We have experience representing both intended parents and surrogates/gestational carriers.
Who pays for the medical expenses of a surrogate pregnancy?
Generally speaking, the intended parents are responsible for all costs associated with a surrogate pregnancy, including medical costs. Sometimes the surrogate or gestational carrier will have medical insurance coverage that will pay for some of the medical costs associated with the pregnancy. We can help you figure out whether the surrogate has insurance, and if so, whether that insurance will cover any costs of the surrogate pregnancy.
Can I hire a surrogate or gestational carrier that has Medicaid health insurance?
Maybe. State-funded health insurance in Ohio, which is called Medicaid, Care Source, Buckeye Health Plan, Molina, or other names, cannot pay for medical costs associated with a surrogate pregnancy.
And, depending on the amount of the fee paid to the surrogate, the fee may disqualify the surrogate from state-funded coverage. This can be problematic if there is no other insurance available to the surrogate, or if the surrogate’s own children are covered by a state-funded policy.
What expenses should I expect to pay with a surrogacy?
Generally, the intended parents are responsible for all costs associated with the surrogacy or gestational carrier process. This includes medical costs and legal fees for all parties. It may also include incidental expenses of the surrogate or gestational carrier, including lost wages, transportation, child care, housekeeping, maternity clothing, and other costs.
The parties also sometimes agree that the intended parents will pay a fee to the surrogate or gestational carrier for her services gestating and giving birth to the baby. In some cases, the parties agree that the intended parents will pay the surrogate or gestational carrier additional compensation for particularly invasive medical procedures or the loss of fertility as a result of the pregnancy.
We can help you make an agreement that captures the agreement of all the parties and ensures that everyone’s rights and responsibilities are clear.
What legal services are needed for an Ohio Surrogacy?
In Ohio the legal process associated with surrogacy or employing a gestational carrier include the negotiation and execution of the contract between the parties prior to embryo transfer and, if pregnancy is successful, obtaining a court order establishing the intended parents as the legal parents of the child.
When should I get a parentage order?
We generally recommend that the parties begin the process of obtaining a parentage order at about 28 weeks of gestation, and a little earlier for multiples. This will reduce the risk of scrambling around on legal issues during childbirth or when you are parenting your newborn.
7100 N High Street, Suite 200
Worthington, OH 43085
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