Ohio Surrogacy Laws & Policies

Category

Moderate

Gestational Surrogacy

Permitted. The Ohio Supreme Court in J.F. v. D.B. held that gestational surrogacy contracts do not violate public policy, making them enforceable under Ohio law. However, there are restrictions and inconsistencies across counties.

Traditional Surrogacy

Allowed, since there is no statute or published case law that prohibits it. Enforceability of traditional surrogacy contracts depends on the judge and circumstances (some courts only accept non-compensated or “compassionate” agreements).

Pre-Birth Parentage Orders

Yes, but availability varies by county. About half of Ohio’s 88 counties issue pre-birth orders; in others, post-birth orders are the only path.

Venue

Flexible—you may file in the county of the intended parents’ residence, the gestational carrier’s residence, or the child’s birth county. Motions to waive venue are handled case by case by the judge. Many counties do not require a court hearing; in some counties, the attorney must appear. Sometimes possible to obtain a parentage order based on intent to deliver in Ohio even if no party resides there—but that depends on the county.

Same-Sex Parents

On the final birth certificate, the designation may be “Parent / Mother / Father” as chosen by the parties. International same-sex male couple may obtain an initial birth certificate naming the biological father and gestational carrier, depending on the county. Later can seek a certificate naming only the intended parent(s), excluding the gestational carrier. Non-biological parent cannot rely solely on the child being born in Ohio (if neither intended parent is an Ohio resident) to be added to the birth certificate. However, Ohio will accept a second-parent adoption order from another state and add the non-biological parent to the Ohio birth certificate.

Birth Certificate Timing

1 to 6 months in surrogacy cases; may be expedited

Recognition of Out-of-State Orders

Yes, Ohio Vital Records will honor valid parentage orders from other states.

Adoption Options

For heterosexual couples living in Ohio: second-parent and stepparent adoptions are permitted. For same-sex couples living in Ohio: Ohio courts do not grant second-parent or stepparent adoption under existing Ohio practice.