Ohio recognizes gestational surrogacy agreements for LGBT intended parents, giving you a strong legal foundation to build your family through surrogacy.
With court precedents supporting surrogacy contracts and pathways to establish parentage for same-sex couples, your journey can move forward with greater legal certainty than in many other states. The key to success lies in understanding exactly how Ohio’s gay surrogacy laws apply to your unique situation.
Schedule a consultation today to connect with LGBT-friendly surrogacy professionals who understand Ohio’s legal landscape and can guide you through every step of the process.
We’re here to help you navigate Ohio’s LGBT surrogacy laws, understand your parental rights, connect with experienced legal counsel, and find the support you need to bring your baby home safely and legally.
LGBT Surrogacy Laws in Ohio and Establishing Parentage: Will We Get a Pre-Birth Order?
The good news for LGBT intended parents in Ohio is that pre-birth orders are available in most circumstances, giving you legal recognition as parents before your baby arrives.Ohio courts have established a track record of supporting LGBT families through the surrogacy process.
Pre-birth parentage orders can be obtained by any intended parent, regardless of sexual orientation, marital status, or genetic relationship to the child. However, results vary by judge and county. In about half of Ohio’s 88 counties, pre-birth orders are granted; in the other half, post-birth orders are granted.
Key factors that influence pre-birth order approval:
- Marriage status: Courts favor married gay parents
- Genetic connection: At least one intended parent genetically related to the child strengthens your case
- County jurisdiction: Some counties have more experience with LGBT surrogacy cases
For LGBT couples, the pre-birth order process typically requires filing a petition with the court that includes your signed surrogacy contract.
Can the Non-Genetic Parent in a Gay Couple Be Declared a Legal Parent in Ohio?
Yes, the non-genetic parent in a married same-sex couple can absolutely be declared a legal parent in Ohio—and this recognition can happen from the moment of birth when the proper legal steps are taken.
Ohio’s approach to LGBT surrogacy laws recognizes that parentage isn’t solely determined by genetics.
- For male same-sex couples: If one partner provides sperm (with an egg donor), both husbands can be recognized as legal parents through the pre-birth order process.
- For female same-sex couples: When one partner provides eggs (typically with donor sperm), both wives can be declared legal parents, regardless of who carried the pregnancy.
The process involves:
- Executing a comprehensive surrogacy agreement
- Filing for a pre-birth parentage order
- Receiving court approval before birth
- Being named on the birth certificate from the start
What If We’re Not Married — Can We Both Be Legal Parents?
The process becomes more complex for unmarried LGBT partners. While some counties may grant pre-birth orders to unmarried couples, outcomes vary significantly based on local court practices and individual judges’ interpretations of the law.
Options for unmarried LGBT couples:
- Pre-birth orders: Some Ohio counties grant these when one partner is genetically related to the child
- Post-birth parentage orders: Establish legal parentage after birth but before leaving the hospital
- Second-parent adoption: Allows the non-genetic partner to adopt the child
While Ohio generally supports LGBT surrogacy, some counties are more experienced with these cases than others.
Working with an attorney who practices in your specific jurisdiction can make a significant difference in outcomes.
I’m a Single Parent — Can I Still Be Declared the Legal Parent in Ohio?
Absolutely—single LGBT intended parents have clear pathways to establish legal parentage in Ohio, and the process is often more straightforward than for couples because there’s only one person seeking parental recognition.
- Using your own genetic material: Establishing parentage is typically straightforward when you’re using your own egg or sperm. The pre-birth order process recognizes you as the legal parent based on genetic connection and your surrogacy agreement.
- Using donor gametes: Single intended parents can still pursue pre-birth orders in Ohio when using donor eggs or sperm, though success may depend on the specific county and judge.
How Will Our Names Appear on the Birth Certificate in Ohio?
Ohio birth certificates list same-sex parents any of the following by choice: “mother,” “father” or “parent”. This gives LGBT couples flexibility in how they want to be identified on their child’s official documents.
- Same-sex male couples: Can choose “Father and Father” or “Parent and Parent”
- Same-sex female couples: Can choose “Mother and Mother” or “Parent and Parent”
- Mixed preferences: One partner listed as “Mother/Father” and the other as “Parent”
How Long Will It Take to Get the Birth Certificate?
Receiving the amended birth certificate can take one to six months after birth, although you may be able to expedite the process.
Most families receive their birth certificate within 2-3 months, but it’s wise to plan for the full six-month window.
Do We Need a Second Parent Adoption After Surrogacy in Ohio?
Whether you need a second parent adoption depends on your specific situation and the legal protections already in place. Married LGBTQ+ couples can pursue second-parent adoption to further solidify their parental rights.
When second parent adoption may be recommended:
- Additional legal security for extra protection
- Interstate recognition providing the strongest possible legal foundation
- Unmarried couples need full legal protection
- Travel considerations if you plan international travel with your child
Important limitation: Second-parent adoptions are not permitted in Ohio so unmarried intended parents will be required to pursue a second-parent adoption outside the state. Stepparent adoptions are available to married couples.
How Surrogacy Contracts Protect LGBT Parents in Ohio
A well-drafted surrogacy contract is your first line of legal protection as LGBT intended parents in Ohio. The 2007 case J.F. v. D.B., the Ohio Supreme Court upheld the enforceability of a surrogacy contract where the surrogate was not genetically related to the child.
Essential contract provisions for LGBT parents:
- Parental rights clauses establishing intended parents as the legal parents from conception
- Decision-making authority for medical decisions during pregnancy and delivery
- Pre-birth order support requiring all parties to cooperate with proceedings
- Compensation and expenses with detailed breakdown of all financial arrangements
- LGBTQ+-specific protections addressing potential discrimination
Ohio courts have upheld surrogacy contracts and will generally enforce the agreement. Courts even allow for commercial (or paid) surrogacy arrangements, providing additional security for LGBT intended parents.
Why Work With a Surrogacy Agency If You’re an LGBT Couple in Ohio
Working with an experienced, LGBT-friendly surrogacy agency provides crucial advantages for same-sex couples navigating Ohio’s legal landscape. These benefits become even more important given the county-by-county variations in how gay surrogacy laws are applied.
Key benefits include faster matching times with pre-screened surrogates who specifically support LGBT families, access to attorneys who specialize in LGBT surrogacy laws across the U.S., assistance navigating fertility clinics, professional guidance on contract provisions, and ongoing support through every step of the process.
Given that results vary by judge and county in Ohio surrogacy cases, having professional advocates who understand these local variations can make the difference between a smooth journey and costly legal complications.
Finding an LGBT-Friendly Surrogacy Attorney in Ohio
Selecting the right legal representation is crucial for LGBT intended parents in Ohio. Here are experienced attorneys who have demonstrated expertise in LGBT surrogacy laws:
- Susan Garner Eisenman (Columbus):
- Assisted reproduction, gamete donation, surrogacy
- Experience: AAAA member since 1990, long-established practice
- Specialty: Traditional and gestational surrogacy, LGBT family law
- Ellen Essig (Cincinatti):
- Extensive experience in surrogacy and collaborative reproduction law
- Experience: AAAA member since 1993, Founding Member of second division of AAAA that added attorneys with expertise in surrogacy and third-party reproduction
- Specialty: Fertility Law, Surrogacy Agreements, Birth Orders for Surrogacy, Egg, Sperm, & Embryo Donation Agreements, Step-Parent Adoption and Parentage Orders
How to Get Started With LGBT Surrogacy in Ohio
Ohio provides a supportive legal environment for LGBT families pursuing surrogacy, but success requires careful planning and the right professional team.
Your next steps:
- Review how Ohio’s LGBT surrogacy laws apply to your situation
- Connect with LGBT-friendly surrogacy agencies, attorneys, and fertility clinics
- Determine whether pre-birth orders, post-birth orders, or second-parent adoption will be needed
- Prepare finances: Legal fees typically range from $5,000 to $15,000
- Begin matching with professionals who understand LGBT family building
The path to parenthood through surrogacy in Ohio is well-established for LGBT families, but the details matter. County-by-county variations, genetic connection requirements, and marriage status all influence your legal strategy. With proper planning and experienced guidance, you can navigate these complexities successfully.
What if the legal protections you need are more accessible than you realized, but you need an expert guide to show you exactly how to secure them? Connect with vetted surrogacy professionals today who specialize in LGBT family building in Ohio and start building the family you’ve always dreamed of.