Surrogacy in Ohio has been developing for almost 25 years, however, it has not made much legislative progress. There are no specific statutes or rules in the State of Ohio regarding surrogacy, however, the courts have made some decisions that have laid a great foundation for successful surrogacy in Ohio.
In general, Ohio Surrogacy contracts are valid and enforceable documents. It is important to have a contract constructed by an attorney who is knowledgeable in the area of surrogacy when beginning your surrogacy journey.
Additionally, Ohio has established that the genetic parents and/or the intended parents of a child in a surrogacy situation are the legal parents of a child born to a surrogate.
Finally, the Ohio courts have also determined that, even if the intended parents are not the biological parents of a child born to a surrogate, that the intended parents will still be determined to be the parents of the child when there is a surrogacy contract in place that specifically states that the intended parents planned to raise the child born to a surrogate as their own.
While Ohio does not have a specific procedure for “pre-birth orders” to name intended parents as parents of a child born to a surrogate, several courts will issue orders naming the proper parents prior to the birth of the baby. You will leave the hospital with documentation stating that the intended parents are, in fact, the parents of a child born to a surrogate.