An introduction to the laws of Assisted Reproductive Technology (ART) in the State of Ohio
Whether you are considering becoming a donor or surrogate or you are a prospective intended parent, knowledge is power. To help in your family journey, experienced ART attorneys licensed in Ohio and fellows of The Academy of Adoption and Assisted Reproduction Attorneys (AAAA) share expertise and provide an introduction to the laws of Assisted Reproduction Technology in OH.
Key Questions on ART Laws in Ohio
Generally, is Ohio friendly to ART? Yes
Is Ohio friendly to non-married couples? Yes
Is Ohio friendly to LGBT families? Yes
Is Ohio friendly to a single intended parent? Yes
Are there statutes in place for surrogacy? Not specific to surrogacy
Does Ohio have an embryo donation statute? Yes, but it is not applicable to surrogacy
Does Ohio have an egg donation statute? No
Is gestational surrogacy (third party gamete use) permitted? No answer provided
Is traditional surrogacy (use of the surrogate’s genetic material) permitted? Maybe
Is compensated surrogacy allowed by Ohio statute? No
In practice? Yes
Is non-compensated (expense reimbursement only) surrogacy allowed by Ohio statute? No
In practice? Yes
Does Ohio only permit a Carrier to be reimbursed for expenses non-compensated? No
Are surrogacy agreements in Ohio enforceable, void or prohibited? They are enforceable
Do both Intended Parents in Ohio have to be genetically related to the child? No
Does Ohio require at least one Intended Parent to be genetically related to the child? No
If a single intended parent uses surrogacy in Ohio, do they have to be genetically related to the child? No
Do the Intended Parents have to be married? No
Do two Intended Parents have to be opposite genders? No
Does Ohio allow pre-birth parentage orders to be issued for surrogacy? Yes
Does Ohio only allow a post-birth parentage order to be issued? No
Can you obtain both a pre and post birth order in Ohio for the same child? Yes
Can you obtain a parentage order if only the carrier resides in Ohio? Yes
Can you obtain a parentage order if only the intended parents reside in Ohio? Maybe
Can you obtain a parentage order if only the birth occurs in Ohio? Maybe
Can you obtain a parentage order if only the medical procedures/IVF Clinic is in Ohio? Maybe
What is the basis for venue in Ohio? Venue may be waived by the parties in some courts. Venue also exists where the surrogate resides, where the intended parents reside and where the birth occurs
Do results in Ohio vary by venue? Yes
Is a hearing required for a parentage order in Ohio? Sometimes
Does Ohio have a passport office? No
How long does it take to obtain a birth certificate in Ohio? We estimate that it will take about a week.
Will Ohio vital records division honor a parentage order from another state? Yes, but it may not be advisable to do this.
Does the Ohio vital records division require a parentage order from another state to be registered? Unsure
How does the Ohio birth certificate list same-sex parents? Same sex parents may choose to be designated as “mother”, “father” or “parent”.
Can an initial Ohio birth certificate be obtained naming the biological parent and the carrier? Yes
Can the Ohio birth certificate be amended to include only the biological parent or both intended parents? New orders can be issued but the original may not be amended.
Do an Ohio amended birth certificates say “amended” on them? No
Can intended parents in a surrogacy obtain an adoption order in Ohio? No answer provided
Assisted Reproduction law and surrogacy involves many complex issues. Parties who are contemplating engaging in a surrogacy arrangement in the State of Ohio should not rely exclusively on these printed responses. All these issues should be discussed with an Ohio attorney who is experienced in surrogacy law. Answers to these questions will be impacted by numerous circumstances that are unique to your surrogacy arrangement.