An introduction to the laws of Assisted Reproductive Technology (ART) in the State of Ohio

Generally, is Ohio friendly to ART? Ohio is friendly to ART.

Is Ohio friendly to non-married couples? Ohio is friendly to non-married couples.

Is Ohio friendly to LGBT families? Ohio is friendly to LGBT families.

Is Ohio friendly to a single intended parent? Ohio is friendly to single intended parents.

Are there statutes in place for surrogacy?  Ohio does not have statutes specific to surrogacy.

Does Ohio have an embryo donation statute?  Ohio does have an embryo donation statute, but it is not applicable to surrogacy.

Does Ohio have an egg donation statute? Ohio does not have an egg donation statute.

Is traditional surrogacy (use of the surrogate’s genetic material) permitted? Traditional surrogacy may be permitted in Ohio.

Is compensated surrogacy allowed by Ohio statute?  Compensated surrogacy is allowed in practice in Ohio they just do not have a statute.

Is non-compensated (expense reimbursement only) surrogacy allowed by Ohio statute?  Non-compensated surrogacy is allowed in practice in Ohio they just do not have a statute.

Does Ohio only permit a Carrier to be reimbursed for expenses (non-compensated)? Ohio does not only permit a Carrier to be reimbursed for expenses.

Are surrogacy agreements in Ohio enforceable, void or prohibited? Surrogacy agreements are enforceable in Ohio.

Do both Intended Parents in Ohio have to be genetically related to the child?  Intended Parents in Ohio do not have to be genetically related to the child.

Does Ohio require at least one Intended Parent to be genetically related to the child? Ohio does not require at least one Intended Parent to be genetically related to the child.

If a single intended parent uses surrogacy in Ohio, do they have to be genetically related to the child? A single intended parent does not have to be genetically related to the child in Ohio.

Do the Intended Parents have to be married? Intended Parents do not have to be married in Ohio.

Do two Intended Parents have to be opposite genders? Intended Parents do not have to be opposite genders in Ohio.

Does Ohio allow pre-birth parentage orders to be issued for surrogacy? Ohio allows pre-birth parentage orders to be issue for surrogacy.

Does Ohio only allow a post-birth parentage order to be issued? Ohio does not only allow a post-birth parentage order to be issued for surrogacy.

Can you obtain both a pre and post birth order in Ohio for the same child? You can obtain both a pre and post birth order in Ohio for the same child.

Can you obtain a parentage order if only the carrier resides in Ohio? You can obtain a parentage order if only the carrier resides in Ohio.

Can you obtain a parentage order if only the intended parents reside in Ohio? You may be able to obtain a parentage order if only the intended parents reside in Ohio.

Can you obtain a parentage order if only the birth occurs in Ohio?  You may be able to obtain a parentage order if only the birth occurs in Ohio.

Can you obtain a parentage order if only the medical procedures/IVF Clinic is in Ohio? You may be able to obtain a parentage order if only the birth occurs in Ohio.

What is the basis for venue in Ohio?  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? The results vary by venue in Ohio.

Is a hearing required for a parentage order in Ohio? A hearing is sometimes required for a parentage order in Ohio.

Does Ohio have a passport office? Ohio does not have a passport office.

How long does it take to obtain a birth certificate in Ohio? It takes about a week to obtain a birth certificate in Ohio.

Will Ohio vital records division honor a parentage order from another state? Ohio vital records will honor a parentage order from another state, but it may not be advisable to do this.

How does the Ohio birth certificate list same-sex parents?  Ohio birth certificates list same-sex parents any of the following by choice: “mother”, “father” or “parent”.

Can an initial Ohio birth certificate be obtained naming the biological parent and the carrier? An Ohio birth certificate can be obtained naming the biological parent and the carrier.

Can the Ohio birth certificate be amended to include only the biological parent or both intended parents?  In Ohio, New orders can be issued but the original may not be amended.

Does an Ohio amended birth certificates say “amended” on them? An amended birth certificate in Ohio does not say “amended”.

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.