Surrogacy Laws in Ohio

Fast Facts

• Is Ohio a surrogate friendly state: Yes. Ohio is a surrogacy-friendly state.
• Can Parent(s) obtain a birth order without an adoption: Yes. Intended parents can obtain a pre-birth or post birth order without an adoption.
• Can birth order be obtained without a genetic connection to Child: No. A genetic connection to the child is not required.

Summary of Ohio Surrogacy Law

There are no statutes in Ohio regarding the legality of gestational carrier agreements. Instead, we rely on case law. Such law includes:

Belsito v. Clark, 67 Ohio Misc 2d 54 (1994), a lower court ruling that a husband and wife who have both contributed gametes to the formation of an embryo and had contracted with a gestational carrier who was not genetically related to the child were the legal parents of the child.

S.N. v. M.B., (Franklin) 2010-Ohio-2479, 188 Ohio App.3d 324, found in favor of Intended Mother where no party claimed a genetic relationship to a child gestated by another woman. The court held a contract evidencing the intent to be a parent was enforceable in favor of the woman who intended to be the mother and against the woman who gestated the child.

Ohio Supreme Court, J.F. v. D.B., 116 Ohio St. 3rd, 363, 2007 – Ohio – 6750 from the Ohio Supreme Court which held that gestational carrier agreements are not prohibited by Ohio public policy.

Attorneys specializing in surrogacy law in Ohio

Ellen Essig, Esq.
Essig & Evans
essigevans.com
(513) 698-9345
4540 Cooper d, Suite 304
Cincinnati, Oh 45242
ee@essigevans.com

Lauren McClain, Esq.
McClain Law
laurenmcclainlaw.com
(513) 813-7043
PO Box 498412
Cincinnati, Ohio 45249
lauren@laurenmcclainlaw.com