Surrogacy By State

LGBT Surrogacy Laws in Ohio

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—whether you’re married or unmarried, using your own genetic material or donor gametes, or building your family as a single parent.

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.

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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 typically grant pre-birth orders when at least one intended parent has a genetic connection to the child, making this option accessible for many same-sex couples.

Here’s how pre-birth orders work for LGBT families in Ohio:

For married same-sex couples: When one partner is genetically related to the child (through egg or sperm), both spouses can usually be named on the pre-birth order. This applies whether you’re a male couple using one partner’s sperm with an egg donor, or a female couple using one partner’s egg.

Requirements for approval:

A properly executed surrogacy contract
At least one genetic connection to the child
Marriage certificate (for married couples)
Medical documentation of the assisted reproduction process

Timeline considerations: The pre-birth order process typically begins during the second trimester and should be completed well before your due date. Your attorney will file the necessary paperwork, and in most Ohio counties, a hearing isn’t required—though this can vary by jurisdiction.

What if genetics are complex? Some LGBT families use both egg and sperm donors, meaning neither intended parent has a genetic link to the child. In these situations, obtaining a pre-birth order becomes more challenging and depends heavily on the specific county and judge.

The strength of Ohio’s legal framework comes from the 2007 Ohio Supreme Court case J.F. v. D.B., which upheld the enforceability of gestational surrogacy contracts. This precedent provides LGBT intended parents with confidence that their agreements will be respected by the courts.

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. When a married same-sex couple has a properly executed surrogacy agreement and one spouse is genetically related to the child, both partners can be listed on the pre-birth order and subsequently on the birth certificate.

How this works in practice:

If one partner provides sperm (with an egg donor), both husbands can be recognized as legal parents. The genetic father and his spouse both gain parental rights through the pre-birth order process.

When one partner provides eggs (typically with donor sperm), both wives can be declared legal parents, regardless of who carried the pregnancy.

Key legal requirements:

Valid marriage certificate
Comprehensive surrogacy contract
At least one genetic connection to the child
Proper pre-birth order filing
Compliance with Ohio’s assisted reproduction statutes

What about unmarried couples? 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.

County variations matter: 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.

What If We’re Not Married — Can We Both Be Legal Parents?

The path to legal parentage for unmarried LGBT couples in Ohio requires more careful planning, but it’s definitely achievable with the right legal strategy. While marriage provides the clearest route to both partners being recognized as parents, unmarried couples have several options.

Immediate options for unmarried couples:

Some Ohio counties will grant pre-birth orders to unmarried couples when one partner is genetically related to the child. However, this varies significantly by jurisdiction and judge discretion.

More commonly available for unmarried couples, these orders establish legal parentage after birth but before leaving the hospital.

This process allows the non-genetic partner to adopt the child, creating full legal rights and responsibilities.

Strengthening your case as an unmarried couple:

Draft a comprehensive co-parenting agreement alongside your surrogacy contract
Consider getting married before or after birth to simplify the legal process
Work with an attorney experienced in unmarried LGBT parent rights
Document your intention to parent together throughout the surrogacy process

Unlike some states that require marriage for any parental recognition, Ohio’s courts have shown willingness to work with unmarried intended parents when proper legal procedures are followed.

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.

Single parent advantages in Ohio:

Pre-birth orders are readily available when you’re genetically related to the child
No complex spouse recognition issues to navigate
Streamlined legal process with fewer moving parts
Strong precedent supporting single parent surrogacy

Using your own genetic material: When you’re using your own egg or sperm in the surrogacy process, establishing parentage is typically straightforward. The pre-birth order process recognizes you as the legal parent based on both genetic connection and your surrogacy agreement.

Using donor gametes: If you’re using both donor eggs and donor sperm (meaning no genetic connection), the legal process becomes more complex but remains achievable. Your surrogacy contract becomes especially important in these situations.

Required documentation for single parents:

Comprehensive surrogacy agreement
Medical records showing your genetic contribution (if applicable)
Court filing for pre-birth or post-birth parentage order
Proof of your identity and legal capacity to parent

How Will Our Names Appear on the Birth Certificate in Ohio?

Ohio gives LGBT parents flexibility in how they’re listed on their child’s birth certificate, allowing couples to choose terminology that reflects their family structure and personal preferences. This inclusive approach means same-sex couples can be accurately represented on this crucial legal document.

Available options for LGBT couples:

“Father and Father” (for male couples)
“Mother and Mother” (for female couples)
“Parent and Parent” (gender-neutral option)
“Mother and Father” (for transgender parents or those preferring traditional terms)

How the process works:

Pre-birth order completion
Your chosen terminology is typically specified in the pre-birth order
Hospital notification
The court order directs hospital staff on how to complete the birth certificate
Immediate recognition
Both parents are listed from the moment the birth certificate is created
No amendments needed
When done correctly, no corrections or changes are required later

Important legal implications:

Both parents listed have immediate legal rights and responsibilities
The birth certificate serves as proof of parentage for schools, insurance, travel, and medical decisions
Proper listing eliminates the need for adoption or other post-birth legal procedures

This inclusive approach to birth certificates reflects Ohio’s recognition that families come in many forms, and legal documents should accurately represent each family’s unique structure.

How Long Will It Take to Get the Birth Certificate?

Most Ohio families receive their baby’s birth certificate within 2-4 weeks of birth, though expedited processing is available when you need the document sooner for travel or other time-sensitive needs.

Standard timeline:

Hospital filing: 5-10 days for hospital to submit paperwork to vital records
State processing: 7-14 days for Ohio Department of Health to process and mail
Total time: 2-4 weeks from birth to receiving the certificate

Expedited options:

Rush processing: Available for an additional fee, typically 3-5 business days
In-person pickup: Some counties allow pickup at vital records offices
Online ordering: Certified copies can often be ordered online once the certificate is processed

For LGBT families specifically: Birth certificates reflecting same-sex parents may receive additional review, potentially adding a few days to processing. Having a pre-birth order typically prevents delays by clearly establishing the legal framework.

Do We Need a Second Parent Adoption After Surrogacy in Ohio?

In most cases, married LGBT couples who obtain a proper pre-birth order do NOT need a second parent adoption in Ohio—your parental rights are already established through the surrogacy and court process.

However, some couples choose to pursue adoption for additional legal protection.

When second parent adoption is NOT required:

Both spouses listed on pre-birth order
Proper birth certificate issued with both parents
At least one genetic connection to the child
Valid surrogacy contract in place
Marriage occurred before birth

When you MIGHT consider second parent adoption:

If you plan to relocate to states with less supportive LGBT laws

Some families want the extra legal protection adoption provides

When neither parent is genetically related to the child

Non-genetic partners in unmarried relationships often need adoption

The adoption process in Ohio:

Timeline: Typically 3-6 months from start to finalization
Home study: Required background check and family assessment
Court hearing: Final adoption hearing before a judge
Cost: Legal fees typically $3,000-$8,000

For unmarried couples: Second parent adoption is often the primary path to legal parentage for the non-genetic partner, making it essential rather than optional.

How Surrogacy Contracts Protect LGBT Parents in Ohio

A well-drafted surrogacy contract is your family’s legal foundation, providing specific protections that are especially important for LGBT intended parents navigating Ohio’s legal landscape.

While Ohio courts generally support LGBT surrogacy, having comprehensive contract language ensures your rights are clearly defined and protected.

Essential contract protections for LGBT families:

Parental rights clauses:

Clear statement of intended parents’ exclusive parental rights
Language establishing parentage from conception, not birth
Specific provisions addressing genetic and non-genetic parents equally
Protection against surrogate claims to parentage

Pre-birth order provisions:

Requirements for filing pre-birth orders in the appropriate county
Timeline for completing legal procedures before birth
Designation of preferred legal terminology for birth certificates
Backup plans if pre-birth orders are delayed or denied

Decision-making authority:

Medical decisions during pregnancy and delivery
Lifestyle choices and prenatal care requirements
Emergency medical situations and hospital protocols
Birth plan preferences and delivery room access

LGBT-specific contract considerations:

Explicit language preventing surrogate discrimination based on sexual orientation or gender identity, ensuring your surrogate is fully committed to supporting LGBT family building.

Contracts should use inclusive terminology that recognizes diverse family structures, avoiding assumptions about \"traditional\" parent roles.

Language addressing potential moves to other states and ensuring contract enforceability across jurisdictions.

Your surrogacy attorney should customize the contract language to address Ohio\'s specific legal requirements while protecting your rights as LGBT intended parents.

Why Work With a Surrogacy Agency If You’re an LGBT Couple in Ohio

Choosing an experienced surrogacy agency dramatically improves your chances of a successful journey, especially as LGBT intended parents who may face unique challenges that general practitioners don’t anticipate.

Agencies specializing in LGBT surrogacy bring expertise that can prevent costly mistakes and emotional setbacks.

Faster matching with LGBT-friendly surrogates:

Pre-screened surrogates who are genuinely excited to help LGBT families
Elimination of discriminatory attitudes that can derail independent matching
Access to surrogates who understand and support diverse family structures
Reduced time spent explaining or defending your family-building choices

Legal expertise across state lines:

Network of attorneys experienced specifically with LGBT surrogacy law
Knowledge of which Ohio counties are most favorable for your situation
Understanding of how federal and state laws intersect for same-sex couples
Guidance on interstate legal issues if you live outside Ohio

Specialized support throughout the process:

Case managers trained in LGBT family building challenges
Emotional support for unique stresses same-sex couples may face
Advocacy with medical providers who may be unfamiliar with LGBT surrogacy
Navigation of insurance and financial issues specific to LGBT families

What sets experienced agencies apart:

Staff who understand LGBT family building challenges and can provide appropriate support without requiring extensive education from you.

Established relationships with attorneys who specialize in LGBT surrogacy and understand the nuances of Ohio law.

Connections with fertility clinics and hospitals experienced in working with same-sex intended parents.

Finding an LGBT-Friendly Surrogacy Attorney in Ohio

Working with an attorney who has specific experience in LGBT surrogacy laws is crucial for protecting your parental rights and ensuring your journey proceeds smoothly.

Ohio has several highly qualified attorneys who understand the unique legal challenges same-sex couples and single LGBT parents may face.

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

What to look for in an LGBT-friendly attorney:

Indicates specialized training and ongoing education in reproductive law

Ask specifically about same-sex couple cases they\'ve handled

Understanding of how different Ohio counties handle LGBT surrogacy

Ability to handle contracts, pre-birth orders, and any adoption needs

How to Get Started With LGBT Surrogacy in Ohio

Your journey to parenthood through surrogacy in Ohio can begin today, with clear next steps that put you on the path to welcoming your baby home. Understanding the process ahead helps you make informed decisions and connect with the right professionals to support your unique family-building goals.

Your next action steps:

Schedule legal consultations with at least two attorneys from our recommended list
Research agencies that specialize in LGBT surrogacy and request information packets
Meet with a fertility clinic to understand your medical options and timeline
Connect with other LGBT families who have completed surrogacy in Ohio for real-world insights

Ohio offers LGBT intended parents a welcoming legal environment, experienced professionals, and a clear path to parenthood through surrogacy. With proper planning and the right team supporting you, your family-building dreams can become reality sooner than you might expect.

Ready to take the next step? Connect with LGBT surrogacy specialists who understand Ohio law and can help you build your family with confidence, support, and legal protection every step of the way.