Same-sex couples can achieve parenthood thanks to advances in reproductive technology and the law. State law allows the use of assisted reproduction for same-sex couples in Ohio, but it is important that you follow legal guidelines and avoid pitfalls in the process. An experienced assisted reproduction agreement lawyer can help same-sex couples understand their options and how to achieve their dreams of starting a family.
Assisted reproductive technology (ART) involves alternative methods of achieving pregnancy aside from sexual intercourse. Fertility procedures involved in the process might include:
The most common method of assisted reproduction is IVF, in which eggs are fertilized with donor sperm in a clinical setting. Fertilized embryos are then transferred to an intended parent or a gestational carrier, also referred to as a surrogate.
Before using a gestational surrogate, all parties involved must enter into a contract that identifies all rights and duties of the individuals involved. This helps avoid conflict and legal disputes after the baby is born. For same-sex couples in Ohio, establishing parental rights before the child’s birth is critical. Attorney Robins can create binding agreements including pre-birth registration orders that protect the rights of clients.
Pre-birth registration for same-sex couples in Ohio defines who is named on a child’s birth certificate, and how custody is established. New parents want to make sure they leave the hospital with these rights clearly described. Pre-birth orders are determined county by county, so it is important to have an attorney experienced in securing pre-birth orders representing intended parents.
State law provides many protections for same-sex couples, including the ability to pursue parenthood through surrogacy. Both intended parents and surrogates must have independent legal counsel when creating a surrogacy agreement. Non-genetic parents can be declared legal parents, but they must pay close attention to Ohio’s statutes on parentage, surrogacy contracts, and donor agreements.
Keep in mind that simply listing both intended parents on the birth certificate may not fully protect parental rights for both, without a court order. An experienced lawyer can advise same-sex couples on the steps they can take to assert their rights and avoid future issues.
Assisted reproduction and surrogacy demand legally binding contracts that same-sex couples should review carefully. To fully protect the rights of the parents and child, it is essential to consult with an attorney with a proven record in handling assisted reproduction issues for same-sex couples in Ohio. State law has evolved in favor of LGBTQ+ issues in recent years, but challenges remain in clearing the path to parenthood. Attorney Robins can meet with you, evaluate your legal options, review contracts, and advise you on all steps involved from conception to birth.
Assisted reproduction for same-sex couples can help partners in Ohio pursue their dreams of parenthood with valid legal guardrails in place. If you are hoping to learn more about becoming a parent through assisted reproduction, we invite you to seek skilled legal guidance from a compassionate attorney like Teri Robins. Reach out to us today to schedule your consultation.
