Yes, Ohio permits gestational surrogacy under limited conditions, but lacks a comprehensive statutory framework, creating reliance on judicial precedent and contractual enforcement. The Ohio Supreme Court’s 1990 J.F. v. D.B. decision established enforceability of surrogacy agreements, though local probate courts vary in approval. Recent 2026 legislative proposals aim to codify protections for intended parents and surrogates, pending General Assembly approval.
Key Regulations for Surrogacy in Ohio
- Enforceability of contracts: Surrogacy agreements are enforceable if voluntarily entered by all parties, with judicial oversight required for pre-birth orders. Courts evaluate terms for fairness, particularly regarding compensation and medical decisions.
- Gestational-only requirement: Traditional surrogacy (using the surrogate’s own egg) is unenforced due to statutory ambiguities, while gestational surrogacy (using donor or intended parent gametes) is permitted under J.F. v. D.B. precedent.
- Parental rights: Pre-birth orders are discretionary; intended parents must petition probate courts for legal parentage, with delays possible if surrogates contest terms post-birth. Ohio Vital Statistics requires court decrees for birth certificate amendments.