Ohio Surrogacy Laws: Everything You Need to Know in Family Planning

When trying for a child with your partner has not resulted in the hoped-for outcome, but adoption is not a likely option for you as well, surrogacy is still a choice that partners can pursue to grow their families.

It is not a decision to take lightly on either side of the equation. Whether you are the intended parents of the unborn child or the surrogate, there are important laws and regulations regarding surrogacy in Ohio.

First, let’s discuss the differences between gestational surrogacy and traditional surrogacy.

In gestational surrogacy, an embryo created using eggs and sperm is implanted into the uterus of the surrogate. The eggs may be either from the intended mother or a third-party donor in addition to the sperm being from the intended father or a donor. With a gestational surrogacy, the surrogate or carrier is not a genetic parent of the child she carries. In this case, with the right counsel, plan, and court orders, the resulting child is considered the legal child of the intended parents, and neither the surrogate/gestational carrier, her spouse, or any ova or sperm donors have no parental rights or obligations to the child. Ohio surrogacy case laws support the enforce ability of contracts between intended parents and gestational surrogates.

In traditional surrogacy, the surrogate’s egg is combined with either the intended father’s sperm or sperm from a donor, and the surrogate is the genetic mother of the resulting child. As of July 2019, Ohio surrogacy laws neither supports nor prohibits traditional surrogacy. If you are considering a traditional surrogacy, you should work with competent counsel to understand the risks of this arrangement.

Traditional Surrogacy and Surrogacy Laws in Ohio

With either traditional or gestational surrogacy, it’s imperative to understand Ohio surrogacy laws and take them into account when making your contract  and establishing legal parentage of the unborn child. A competent attorney can help you ensure you cover all scenarios in your surrogacy agreement and prevent the kind of ambiguity and confusion that can lead to conflict or litigation. Competent counsel can also guide you through the process of obtaining a parentage order from the juvenile court, and work to complete all the legal requirements before the child is born. An experienced surrogacy attorney can also communicate with the hospital where the child will be born to ensure there is no confusion about who is taking the child home.

Because of the complexity of Ohio surrogacy laws and surrogacy arrangements in general, it’s very beneficial to have knowledgeable and understanding legal counsel from the Obenour Legal Group on your side to help you make a contract agreement and establish legal parentage.

Contact The Obenour Legal Group, Experienced in Ohio Surrogacy Laws

If you are planning to be a surrogate for someone you know, to work with an agency to carry a baby for parents in need, or are looking for a surrogate to help grow your family, then contact The Obenour Legal Group to help guide you through surrogacy laws in Ohio and protect you from unwanted outcomes and future disputes. With the knowledgeable and compassionate counsel from Obenour Legal Group, you can rest easy knowing you’re getting high-quality legal advice and services from a family planning and family law attorney in Columbus, Ohio.