When it comes to surrogacy, many states do not have clear laws. Ohio is one of these states and, often, the results of a surrogate pregnancy depend on how the original arrangement was made and how the child was conceived. FertilityAuthority.com explains how these details can affect your outcome.
Some states require parents to legally adopt a child who was carried by a surrogate, meaning that the intended parents’ names may not appear on the birth certificate. While prospective parents in Ohio are not required to sign adoption papers, there are other factors they should be aware of before seeking surrogacy.
The fact that there are not clear laws does not mean that anything is allowed. What it does mean is that the outcome of your case will be more uncertain if something were to go wrong with the arrangement. This is apparent in several cases throughout the state’s history.
One thing you can do to protect yourself is be sure to have a written contract created by a legal professional. Some cases that were based on verbal agreements resulted in custody of the child being given to the surrogate mother. This is more likely to happen in instances of traditional surrogacy, where the father’s or a donor’s sperm is used and the baby shares genetic ties with the surrogate mother. Gestational surrogacy is more likely to result in a ruling in favor of the intended parents since their sperm and egg were used, and the child is genetically theirs. This information is intended to educate and should not be taken as legal advice.