Legal Aspects of Surrogacy - Ohio

Ohio is supportive of gestational surrogacy, with the practice upheld by case law, such as J.F. v. D.B., 879 N.E.2d 740 (2007), which does not prohibit such arrangements. While this guide provides useful information, it is crucial to consult a skilled attorney for advice tailored to your specific surrogacy journey.

Essential Questions Regarding Surrogacy in Ohio

Legality of Gestational Surrogacy

Ohio law permits gestational surrogacy, largely supported by favorable court attitudes and the absence of prohibitive statutes or case law. This means that intended parents and surrogates can engage in surrogacy agreements without fear of legal repercussions, provided all parties comply with the necessary legal procedures.

Traditional Surrogacy

Traditional surrogacy, where the surrogate is also the genetic mother, is legal in Ohio. However, the enforceability of traditional surrogacy contracts can vary based on judicial discretion. Judges assess these contracts on a case-by-case basis, and the surrogate's parental rights may complicate the process.

Compensated Surrogacy

Compensated surrogacy is recognized in Ohio. Surrogates receive payment for their time, medical risks, and various associated expenses. These expenses typically include:

• Medical Costs: Covering all pregnancy-related medical care.

• Travel Expenses: Costs associated with travel for medical appointments.

• Maternity Clothing: Allowance for maternity wear.

• Childcare: Expenses for childcare during bed rest or medical appointments.

• Legal Fees: Costs for independent legal representation.

• Miscellaneous Allowances: Monthly allowances for additional expenses.

Creating an Ohio Surrogacy Contract

In Ohio, surrogacy contracts must be carefully drafted by specialized surrogate attorneys to safeguard the interests and rights of both parties. Key elements of these contracts generally include:

• Rights and Responsibilities: Clearly defining the roles and obligations of both the surrogate and the intended parents.

• Risks and Liabilities: Outlining potential risks and strategies for managing them.

• Financial Details: Detailed compensation and insurance coverage.

• Sensitive Issues: Agreements on matters such as selective reduction and pregnancy termination.

• Communication Expectations: Guidelines for interaction and updates throughout the surrogacy process.

Once the contract is mutually agreed upon and signed, the medical aspects of surrogacy can commence.

Determining Parental Rights in Ohio

Parentage orders in Ohio can vary by county and judge. Pre-birth parentage orders are commonly granted in the following scenarios:

• Married or Unmarried Couples: Both heterosexual and same-sex couples.

• Single Intended Parents: Individuals pursuing surrogacy on their own.

• Donor Embryos or Gametes: Cases involving the use of donor gametes.

In some counties, judges may prefer to issue post-birth orders instead. Therefore, working with an experienced attorney is crucial to navigate these variations.

Same-Sex Surrogacy in Ohio

Legality for Same-Sex Couples: Same-sex surrogacy is legal in Ohio. Same-sex couples follow similar processes as opposite-sex couples, often requiring the use of a sperm or egg donor for IVF procedures.

Additional Legal Considerations: There are no specific laws in Ohio that uniquely impact same-sex surrogacy, ensuring that same-sex couples have equal rights in the surrogacy process.

Frequently Asked Questions

Enforceability of Surrogacy Contracts: While Ohio law does not explicitly address the enforceability of surrogacy contracts, these agreements are generally presumed enforceable. It is essential to have skilled legal guidance to navigate and draft these contracts to ensure they meet all legal standards.

International Parental Surrogacy Laws: International intended parents are subject to the same laws as domestic parents. It is highly recommended that international parents consult with an immigration attorney to navigate the legal procedures for bringing their child home.

Need for Adoption Post-Birth: In most cases where a valid surrogacy agreement is in place, adoption is unnecessary. However, this can depend on individual county rulings and the judge’s discretion. Consulting with a surrogacy attorney can clarify whether post-birth adoption will be needed.

Allowance for Second-Parent Adoptions: Ohio does not permit second-parent adoptions for unmarried couples. Unmarried parents might need to pursue adoption outside Ohio to establish legal parental rights. Upon return, the Ohio Vital Records Office can update the child’s birth certificate to reflect these legal changes.

Parental Rights in Donor Situations: Pre-birth orders are typically obtainable in surrogacy cases involving donor eggs, sperm, or embryos, but this can vary by county. An experienced attorney is essential to navigating the complexities of donor-related surrogacy cases and ensuring all legal aspects are properly managed.

Conclusion

Ohio's supportive stance on gestational surrogacy, backed by favorable case law and judicial attitudes, makes it a viable option for intended parents and surrogates. However, the nuances of surrogacy law and the need for precise legal documentation mean that working with a specialized surrogacy attorney is crucial. This ensures that all parties involved are protected and that the surrogacy process adheres to Ohio's legal framework. For tailored advice and guidance, prospective surrogacy participants should seek experienced legal counsel.