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.
We're here to answer all of your questions about how LGBT surrogacy laws work in Ohio, what your parentage rights look like, the steps you can take to secure legal recognition, and what else you need to know about creating your family through surrogacy.
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's approach to LGBT surrogacy laws is grounded in 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.
Here's what you need to know about pre-birth orders in Ohio:
Married same-sex couples typically can obtain pre-birth orders when one partner is genetically related to the child Requirements vary by county: About half of Ohio's 88 counties grant pre-birth orders, while others issue post-birth orders Genetic connection matters: Having at least one intended parent with a genetic link to the child strengthens your case Judge discretion applies: Individual judges may have different approaches to LGBT surrogacy cases
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.
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.
Here's how it works:
- 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.
- 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 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.
What If We're Not Married — Can We Both Be Legal Parents?
Unmarried LGBT couples face more complex legal pathways, but parentage recognition is still possible in Ohio.
The key difference is that outcomes depend more heavily on individual county practices and judge discretion.
Ohio allows both parents in some unmarried LGBT couples to be named on the birth certificate from the start, but this varies significantly by jurisdiction.
Some counties are more willing to grant pre-birth orders to unmarried couples, especially when one partner is genetically related to the child and the surrogacy contract is properly executed.
Since second-parent adoptions are not available in Ohio, unmarried couples may need to pursue adoption in another state to secure full legal recognition for the non-genetic parent if a pre-birth order isn't granted.
I'm a Single Parent — Can I Still Be Declared the Legal Parent in Ohio?
Single intended parents can absolutely establish legal parentage in Ohio, and the process may actually be more straightforward than for couples. Ohio's LGBT surrogacy laws extend full support to single parents pursuing surrogacy, regardless of sexual orientation.
Here's what single LGBT parents can expect:
Pre-birth orders are available when you're using your own genetic material with a donor Genetic connection helps but isn't always required, depending on the county and judge Single parent petitions are generally viewed favorably by Ohio courts Documentation requirements may be more detailed for establishing sole parentage
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.
You can choose to be listed as:
- "Father and Father" for male couples
- "Mother and Mother" for female couples
- "Parent and Parent" for any couple preferring gender-neutral terms
Why this matters: 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.
How Long Will It Take to Get the Birth Certificate?
Expect to receive your final birth certificate within one to six months after birth, though you may be able to expedite the process in some counties.
The timeline depends on several factors including pre-birth vs. post-birth orders, county efficiency, and completeness of paperwork.
Do We Need a Second Parent Adoption After Surrogacy in Ohio?
The need for second-parent adoption depends on your specific circumstances and whether you obtained a pre-birth order. Understanding Ohio's approach is crucial for LGBT intended parents planning their legal strategy.
Ohio's second-parent adoption landscape:
- Second-parent adoptions are not permitted in Ohio for unmarried couples
- Stepparent adoptions are available for married couples in certain situations
- Out-of-state options may be necessary for unmarried couples seeking full legal protection
How Surrogacy Contracts Protect LGBT Parents in Ohio
Your surrogacy contract serves as the foundation for legal protection throughout your journey, especially important given Ohio's county-by-county variations in LGBT surrogacy laws interpretation.
Essential contract clauses for LGBT intended parents include:
Clear statements establishing intended parents' rights from conception Specific language addressing LGBT parentage recognition Surrogate cooperation with parentage proceedings
Why Work With a Surrogacy Agency If You're an LGBT Couple in Ohio
Specialized support makes all the difference when navigating Ohio's county-by-county legal landscape.
As a surrogacy agency with decades of experience helping create families, we’ve got the services and programs LGBT individuals or couples need to grow their family.
- Access to attorneys specializing in LGBT surrogacy law across Ohio's 88 counties
- Understanding of which counties are most favorable to LGBT intended parents
- Access to surrogates who specifically support LGBT family building
Finding an LGBT-Friendly Surrogacy Attorney in Ohio
Working with an attorney experienced in LGBT surrogacy law is crucial for success in Ohio. Here are qualified attorneys with specific experience helping LGBT intended parents:
- 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's supportive legal framework for LGBT surrogacy, combined with the right professional guidance, can help you navigate this journey with confidence.
Your next steps:
- Connect with a surrogacy specialist who understands LGBT family building and Ohio's legal requirements
- Review state-specific legal requirements for your county
- Match with an LGBT-friendly surrogate
- Work with experienced legal counsel
Don't let another day pass wondering if surrogacy could work for you. Ohio's established legal precedents and supportive framework mean LGBT intended parents have real pathways to parenthood through surrogacy.
Speak with a specialist today who can provide personalized guidance based on your unique situation, whether you're a married couple, unmarried partners, or single parent ready to begin your surrogacy journey.