Gestational Surrogacy is permitted in Ohio by published case law J.F.v.D.B.,879N.E.2d740 (2007), in which the Ohio Supreme Court confirmed that Gestational Surrogacy is not against public policy. Gestational Surrogacy agreements are therefore enforceable in Ohio, but restrictions apply.
Do courts grant pre-birth parentage orders?
Can both Intended Parents be declared the legal parents in a parentage order if at least one parent is genetically related to the child?
*Note: Results vary by county and judge.
Can both Intended Parents be declared the legal parents in a pre-birth order if no parent is genetically related to the child?
What are the bases for venue?
Do results vary by venue?
If yes, are motions to waive venue accepted?
Is a hearing required to obtain a pre-birth order?
Is a pre-birth order possible in Ohio based on a Gestational Carrier’s plan to deliver in Ohio, if no party lives in Ohio?
Will Ohio Vital Records honor a parentage order from another state?
What is the typical time frame to obtain a birth certificate after delivery?
How are same-sex parents named on the final birth certificate?
Can an international same-sex male couple obtain an initial birth certificate naming the biological father and Gestational Carrier?
Can they subsequently obtain a birth certificate naming only the biological father or both fathers, with no mention of the Gestational Carrier?
Can the non-biological parent in a same-sex couple obtain a second parent adoption based solely on the fact that the child was born in Ohio (i.e., neither of the Intended Parents lives in Ohio)?
If no, will Ohio Vital Records honor a second parent adoption order from another state and add the second parent to the birth certificate?
Will courts in Ohio grant second parent adoptions or stepparent adoptions to heterosexual couples living in Ohio?
Will courts in Ohio grant second parent adoptions or stepparent adoptions to same-sex couples living in Ohio?
Is there a statute or published case law that addresses the rights of a donor over the resulting eggs, sperm, embryo or child? Yes, but only for a sperm donor. (http://codes.ohio.gov/orc/3111.95)
If the statute only refers to sperm donors, is there case law interpreting this statute to provide the same protection in the egg donor context? Yes, the court in SN v. MB (2010), concluded that neither a sperm donor nor an egg donor were the parents of a child. That decision applies to Franklin County, Ohio. There has been no published case law to establish precedent for other counties in Ohio.
There is also an embryo donation statute 3111.97 “Parentage of children resulting from embryo donation” that is written in gender-neutral terms: Both the woman who gives birth to the child resulting from the donated embryo and her spouse (so long as he/she consented) are considered the parents. The embryo donation statute does not cover surrogacy situations.
Traditional Surrogacy is permitted in Ohio because there is no statute or published case law that prohibits it. The Supreme Court did not address Traditional Surrogacy in the J.F.v.D.B decision, cited above, nor have there been any other published cases involving Traditional Surrogacy. The enforceability of individual Traditional Surrogacy contracts varies by judge and circumstances. For example, some courts limit Traditional Surrogacy to non-compensated, compassionate arrangements.
Ellen Essig
ee@essigevans.com
(513)698-9345
Mary Catherine Barrett
barrett@ohioadoptionlaw.com
(440)356-4604
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