Gestational 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, you should be aware that the United States Supreme Court in 2015 held that all states must recognize the marriage of a same-sex couple, and thus, must afford the couple the same rights as heterosexual couples, including finding that both parties to a same sex married couple are afforded equal parental rights to a child born during the marriage. Obergefell v. Hodges, 576 U.S. ____ (2015).
As a result of this Unites States Supreme Court decision, a married same sex couple can have and raise children jointly, as would a heterosexual couple. The legal process is the same in establishing parental rights, and both parents will be named as parents on the birth certificate, regardless of genetic make-up.
*** NOTE: I am not currently handling Traditional Surrogacy Cases: however, 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.