Same Sex Couples

Surrogacy for Same-Sex Parents

If you are part of a same sex couple, and you desire to enter the surrogacy journey to have a child, know that this is not unusual.  In Ohio, there are some additional considerations for same sex partners.  However, I have been addressing these issues for several years and can assist you in understanding what issues you need to be aware of.

First, know that Ohio currently does not recognize same-sex marriage.  As a result, Ohio is refusing to utilize second parent adoptions from other states in order to put both parents’ names on a child’s Ohio birth certificate.  This is a departure from past practice.  Therefore, at this time, it is only possible to get the name of the genetic parent on the birth certificate at birth.

This does NOT mean that you cannot perfect a second parent adoption in a state that permits both same-sex marriage and second parent adoption according to their laws.  The only issue is that if a child is born in Ohio, a birth certificate will not be issued from Ohio with both names indicated on the birth certificate.

That is not to say that surrogacy cannot be a joyful and complete journey for same sex partners.  Whether you are using a traditional surrogate or a gestational surrogate, the biological father’s name will be placed on the birth certificate at birth.  In the matter of a gestational surrogate, the birth certificate will be issued with no one being identified as the mother (the box for “Mother” is left blank on the birth certificate).

If you are using a traditional surrogate, in most counties in Ohio, the surrogate’s name will be placed on the birth certificate, and a custody order will be required to grant the intended parent full rights to the child.  All of these procedures are typically completed prior to or within 2 days of the child being born.

Please contact me for more information on this issue.

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