Whether you’re a hopeful parent or a prospective surrogate, understanding how the legal process works in Ohio is the first step toward a safe and secure journey.
This guide will cover everything you need to know about surrogacy law in Ohio, including enforceable contracts, the parentage process and local legal professionals who can help.
If you’re ready to take the next step, speak to a surrogacy specialist today — we’re here to help you navigate Ohio’s surrogacy legal process with ease.
Ohio Surrogacy Published Case Law
Gestational surrogacy is permitted in Ohio due to published case law. In the 2007 case J.F. v. D.B., the Ohio Supreme Court upheld the enforceability of a surrogacy contract where the surrogate was not genetically related to the child. This decision confirmed that gestational surrogacy agreements can be legally binding in Ohio and gave intended parents and surrogates a strong legal foundation to move forward with confidence.
This case also underscored the importance of careful legal planning. A detailed surrogacy contract and the guidance of an experienced attorney can make a big difference in the smooth progression of your surrogacy journey.
Is Paid Surrogacy Legal in Ohio?
In Ohio, paid surrogacy agreements are legal. These agreements allow intended parents to compensate surrogates for their time, effort and physical and emotional commitment throughout the process. Compensation helps ensure that the surrogate is well cared for and supported every step of the way.
At American Surrogacy, we match intended parents and surrogates in states like Ohio where compensated surrogacy is legal and enforceable.
Want to know more about what compensation includes? Learn more today.
Are Surrogacy Contracts Enforceable in Ohio?
Yes, gestational carrier agreements are enforceable in Ohio. The state does not lay out specific statutory requirements for surrogacy contracts. However, courts have upheld them, especially when they’re clearly written and voluntarily agreed upon.
Working with a qualified surrogacy attorney ensures that your agreement covers everything necessary and can hold up in court if needed.
Surrogacy Contract Checklist
A surrogacy contract outlines everyone’s roles, rights and expectations. It protects both parties and helps prevent misunderstandings.
Here's what should be included in your surrogacy contract:
Compensation for the surrogate, reimbursements and handling of unexpected costs. Who makes decisions about embryo transfers, selective reduction, pregnancy termination or cesarean delivery? Wellness expectations, travel restrictions and communication preferences. How and when the intended parents will be recognized as the child’s legal guardians. Clear methods for resolving disagreements—without jeopardizing the journey. What happens if one party needs to end the agreement early?
You should feel informed, reassured and legally protected every step of the way. That’s what your contract — and American Surrogacy — are here for.
When Do I Need a Surrogacy Contract in Ohio?
Your surrogacy contract is created after a match has been made but before any medical procedures begin. Once you’ve decided to work together, both parties will consult their own attorneys to negotiate and finalize the contract.
Want a clearer view of the full surrogacy timeline? We break it down step by step online.
Personalized Guidance: How American Surrogacy Can Support You During the Contract Stage
At American Surrogacy, our team works hand-in-hand with your attorney to make sure your contract is legally sound and tailored to your wishes. Whether you're the intended parent or the surrogate, we’ll walk you through what to expect and help you confidently navigate every clause.
Explaining complex legal language in plain terms Assisting with contract negotiations and feedback loops Coordinating timelines between medical and legal milestones Ensuring all documentation is signed and submitted on time Connecting you with a surrogacy attorney near you How We Help You
Before we even introduce a surrogate’s profile to intended parents, we research and confirm that the surrogacy laws in your state support your journey.
Our Local Offices
If you'd like to speak with a surrogacy specialist in person, you're welcome to visit our Ohio office:
Columbus
20 S. Third St.
Suite 210
Columbus, OH 43215
LGBTQ+ Surrogacy Laws in Ohio: Protecting Your Rights
Ohio allows gestational surrogacy for LGBTQ+ couples, but because there’s no uniform surrogacy statute, outcomes can vary by county and judge. That’s why it’s especially important to work with an experienced agency and attorney.
In Ohio, intended parents can choose to be listed as “Parent,” “Mother” or “Father.” Married LGBTQ+ couples can usually obtain a pre-birth order when one partner is genetically related to the child. For unmarried couples or when no genetic link exists, outcomes depend on the local court. Married LGBTQ+ couples can pursue second-parent adoption to further solidify their parental rights.
American Surrogacy proudly supports LGBTQ+ hopeful parents and honors all paths to parenthood.
Abortion Laws in Ohio and Surrogacy Contract Termination Agreements
Ohio's constitution protects abortion rights, but the state bans the procedure at 20 weeks and later. Medicaid coverage is only available for abortion care in limited circumstances.
Every surrogacy contract includes provisions for termination and selective reduction. Intended parents and surrogates must be aware of how state laws may affect their options.
If Ohio's legal environment does not meet your needs, American Surrogacy can help you explore other surrogacy-friendly states where your values and preferences are better protected.
Surrogacy Laws for Establishing Parentage in Ohio: Securing Your Legal Rights
Ohio courts typically allow intended parents to establish legal parentage through a pre-birth or post-birth parentage order, depending on the situation.
In Ohio, single intended parents, married LGBTQ+ couples and both married and unmarried heterosexual couples can generally receive a pre-birth order as long as one intended parent is genetically related to the child. Getting a pre-birth order for other family-building situations depends on the court’s jurisdiction and the judge’s discretion. These are typically used in counties that do not allow pre-birth orders, or in cases where there are complicating legal factors, such as uncertain marital status.
How to Get a Pre-Birth Order
Here's what to expect when getting a pre-birth order in Ohio:
This generally includes the signed surrogacy contract. A hearing is usually not required. In some counties, only the attorney appears. This can take one to six months after birth, although you may be able to expedite the process.
International Surrogacy Laws: What to Know if You're Pursuing Surrogacy From Abroad
Ohio has no specific laws regarding international surrogacy, but international intended parents follow the same legal guidelines as U.S. citizens.
Depending on the country you live in, American Surrogacy can help you find a match in the U.S. and navigate the legal steps needed to establish parentage.
The Role of a Surrogacy Attorney in Ohio: Why Legal Expertise Matters
Surrogacy attorneys are essential to every journey. They draft and review your surrogacy contract, represent your interests in legal proceedings and file all necessary court documents to establish parentage.
American Surrogacy partners with reputable attorneys across Ohio and can help you find one who meets your needs.
Are you ready to connect with a surrogacy attorney?
How Much Does a Surrogacy Lawyer Cost?
Legal fees in Ohio typically range from $5,000 to $15,000, depending on the complexity of the case. Intended parents are responsible for covering the surrogate’s legal fees.
American Surrogacy includes most legal costs in our program pricing, so you don’t need to budget for unexpected expenses.
Find a Surrogacy Attorney Near Me
We work with a trusted network of surrogacy attorneys across the state:
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The Family Law & Fertility Law Group (Cincinnati): We partner with two experienced attorneys at this girm: founding partner Ellen Essig and partner Rachel Loftspring. Both professionals are members of the American Academy of Adoption and Assisted Reproductive Attorneys (AAAA) and focus on assisted reproduction, LGBTQ+ family formation, egg donation, embryo donation, sperm donation and surrogacy.
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Law Office of Beverly J. Cox (Toledo): Beverly Cox is licensed to practice in Ohio and Michigan. Since 2007, she has helped clients create families through surrogacy and assisted reproduction technology. Beverly is also an AAAA member.
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A. Patrick Hamilton (Columbus): Andrew Patrick Hamilton specializes in assisted reproduction, LGBTQ+ family formation, egg donation, embryo donation, sperm donation and surrogacy. He’s been an AAAA member since 2002.
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Hunt & Johnson LLC (Lima): Jerry Johnson focuses on adoption and surrogacy. He’s been an AAAA member since 1994.
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The Law Office of Susan Garner Eisenman (Columbus): Susan Eisenman’s practice areas include adoption, assisted reproduction, gametes donation and surrogacy. She’s been an AAAA member since 1990.
Explore Our Surrogacy Programs in Ohio
American Surrogacy offers three programs to fit your goals and comfort level:
Limited Risk Program
This option protects your investment if the process doesn’t go as planned. If your surrogate is disqualified, the transfer is unsuccessful or there's a miscarriage, your fees are refunded or credited toward another attempt.
Foundation Program
Our pay-as-you-go option lets you pay for services as needed. If your first embryo transfer is successful, your overall costs may be lower. However, this option may require additional out-of-pocket expenses for rematching or multiple transfers.
Independent Surrogacy Program
If you've already found a surrogate, we’ll take care of the rest. This program reduces duplicate screening costs while offering full legal and agency support.
No. IVF coverage is not mandated in Ohio. States that do require IVF coverage include Arkansas, California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, Rhode Island and Utah. No. Embryos are typically treated as property under Ohio law. This classification supports flexibility in assisted reproduction and donation. Yes. Traditional surrogacy is allowed in Ohio because no law prohibits it. However, legal enforceability can vary, and most professionals recommend gestational surrogacy due to fewer complications. No. In Ohio, donors do not have parental rights when a legal agreement outlines that they are not intended parents. While Ohio law doesn’t explicitly address all forms of gamete donation, courts typically uphold the principle that donors are not legal parents. Ohio Revised Code, section 3111.97 specifically affirms this in embryo donation cases. No. However, you may deduct qualified medical expenses on your federal return if they exceed 7.5% of your adjusted gross income.FAQ: Legal Aspects of Surrogacy in Ohio
Are insurance companies required to cover IVF in Ohio?
Is an embryo considered a person in Ohio?
Is traditional surrogacy legal in Ohio?
Do sperm and egg donors have parental rights?
Is there an IVF Tax Credit?
Get the Legal Confidence You Deserve
Understanding Ohio’s surrogacy laws is essential, but you don’t have to navigate it alone.
With American Surrogacy by your side, you’ll have experienced professionals and legal partners guiding your journey.
Let us help you take the next step. Contact one of our surrogacy specialists today.