Bringing a child into the world through assisted reproductive technology (ART) can be a joyful experience for hopeful parents. Thanks to scientific advances, surrogacy provides a path to parenthood for those struggling with fertility concerns. Beyond the clinical aspect of surrogacy, however, are legal concerns to be addressed. Intended parents should take steps to protect legal rights for themselves and the child before birth whenever possible.
Ohio law allows pre-birth orders (also known as pre-birth registration) in some jurisdictions to establish parental rights before childbirth. Some counties require such orders to be completed after birth. For intended parents in a surrogacy arrangement, pre-birth orders are essential to protecting the legal rights of everyone involved – including the baby. An experienced pre-birth registration lawyer can help you in Ohio to understand the process as you begin your parenthood journey.
After successfully conceiving a baby using a surrogate and assisted reproductive technology, the next big step is establishing parentage. Attorney Robins will work to establish the legal framework for the parent-child relationship. This means obtaining court orders that declare the intended parents to be parents, while declaring that the surrogate, or donors of egg or sperm, are not to be parents of the baby. A dedicated lawyer will know exactly what steps to take and how to protect the legal rights of the new parents.
Ideally, parents can enter the hospital for delivery of the newborn with paperwork in hand declaring them to be the legal parents. This helps the hospital know who to put on the birth certificate, who is authorized to make medical decisions for the baby, whose insurance will cover the child, and who to discharge the newborn to when it is time to leave the hospital.
Ohio courts vary on how pre-birth orders are determined. Some counties will allow pre-birth orders with little hassle, while other counties might require post-birth orders instead. We strongly recommend obtaining legal advice to determine how your county handles pre-birth registration so your family is fully prepared.
For intended parents relying on assisted reproductive technology to build their family, pre-birth registration can address potential legal issues – such as custody – before they even arise. No new parents want to spend time in court after a child’s birth to fight over parental rights or other legal concerns. Instead, through pre-birth orders, parents can establish important legal rights before they even leave the hospital.
Pre-birth orders are not available in all circumstances or all Ohio jurisdictions, however, so intended parents should seek legal guidance from an attorney. Assisted reproductive technology continues to develop quickly, but Ohio’s laws do not always keep pace with scientific advancements. An experienced attorney can review your situation and determine the best path forward.
For hopeful parents trying to grow a family through assisted reproduction, pre-birth registration can help establish parentage and avoid future legal issues for all. In Ohio, the process for obtaining pre-birth orders can vary depending on your jurisdiction. Attorney Robins can help you understand your options and prepare the legal framework for custody and other potential issues. Reach out now to schedule a consultation with a reproductive law attorney.
