Surrogacy Laws in Ohio

Although Ohio does not have a specific statute regulating surrogacy, its courts have a long-standing record of supporting and enforcing properly executed gestational surrogacy agreements.

In Ohio, gestational surrogacy is permitted for both married and unmarried intended parents, including LGBTQIA+ families. Courts routinely issue pre-birth parentage orders, allowing intended parents to be listed directly on the birth certificate at the time of the child’s delivery. These orders confirm legal parentage and ensure that the surrogate (and, if applicable, her spouse) has no parental rights or obligations once the child is born.

Traditional surrogacy, where the surrogate uses her own egg, is not prohibited but is less commonly supported because it raises more complex legal issues. For this reason, most surrogacy arrangements in Ohio are gestational, involving embryos created through the intended parents’ or donors’ genetic material.

Each surrogacy agreement should be in writing and signed before any medical procedures begin. It should clearly define roles, responsibilities, medical decisions, compensation terms, and steps for obtaining a court order. Having separate, qualified legal counsel for both the intended parents and the surrogate is essential to ensure compliance and protection for all parties.

Ohio’s consistent court practice provides intended parents with confidence, predictability, and peace of mind throughout their journey to parenthood.

At Giving Tree Surrogacy, we guide families step by step through Ohio’s surrogacy process—coordinating with trusted reproductive law attorneys to make sure every agreement aligns with local court expectations and supports a smooth transition to legal parentage.