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State surrogacy and surrogate pay

Surrogacy in Ohio: is it legal and how does parentage work?

The short answer

Gestational surrogacy is legal and widely practiced in Ohio, though Ohio has no surrogacy statute. The Ohio Supreme Court held in 2007 that a gestational surrogacy agreement does not violate public policy, and Ohio courts routinely grant pre-birth parentage orders to intended parents, including unmarried and same-sex couples. Practice varies by county: some courts issue pre-birth orders as a matter of course, others require a hearing or a post-birth filing, and a few judges look for a genetic link, so Ohio attorneys choose the venue carefully. Compensation is permitted. Private Label Surrogacy recruits Ohio surrogates and pays $60,000 first-time base compensation (proposed). Confirm current county practice with Ohio counsel.

Written by Jan Telman Berman

Global Surrogacy Coordinator. 18+ years managing national and international cycles.

Last updated

Is surrogacy legal in Ohio?

Yes. Gestational surrogacy is legal and widely practiced in Ohio, though Ohio has no surrogacy statute. Compensation is permitted.

Ohio's legal footing comes from a 2007 Ohio Supreme Court decision and from the parentage orders Ohio courts have granted since. Courts routinely grant pre-birth parentage orders to intended parents, including unmarried and same-sex couples, but practice varies by county.

For intended parents and surrogates, Ohio is a well-traveled state with one thing to plan carefully: the venue. Which court hears the parentage petition can change how and when the intended parents are named as the legal parents. An Ohio reproductive attorney chooses that venue for you.

Ohio at a glance
Legal basis Case law: 2007 Ohio Supreme Court decision; no surrogacy statute
Status Legal by case law; no statute; county practice varies
Parentage method Pre-birth order in many counties; some require post-birth filing
Who can be an intended parent Married, unmarried and same-sex couples routinely; single parents in practice, with the route confirmed by counsel; a few judges look for a genetic link
Surrogate requirements PLS requirements apply: age 21 to 43, US citizen or permanent resident, BMI under 33, at least one healthy full-term pregnancy and currently parenting, non-smoker, no government assistance, stable home
Compensation permitted Yes
PLS recruits here Yes; same compensation as Illinois

Reviewed by counsel [name], [date].

What law governs surrogacy in Ohio?

No Ohio statute governs gestational surrogacy directly. In 2007 the Ohio Supreme Court held that a gestational surrogacy agreement does not violate public policy.

Because the rule comes from a court decision rather than a statute, the details are worked out county by county and judge by judge. The agreement records what both sides agreed and gives the court a clear picture of everyone's intentions when the parentage petition is filed.

Both sides have their own attorney. The intended parents pay for the surrogate's attorney through escrow, and that attorney answers only to her. For intended parents, the practical advice is to hire an attorney who files Ohio parentage petitions regularly and knows the courts in the surrogate's county. See the state-by-state surrogacy law overview for how Ohio compares with its neighbors.

How is parentage established in Ohio: pre-birth or post-birth?

Ohio courts routinely grant pre-birth parentage orders, but practice varies by county. Some courts issue pre-birth orders as a matter of course. Others require a hearing or a post-birth filing. A few judges look for a genetic link between the intended parents and the baby.

That is why Ohio attorneys choose the venue carefully, usually the county where the surrogate lives or the county where she will deliver. If your family has no genetic link to the embryo, for example because you are using donor eggs and donor sperm, tell your attorney at the start so the venue and timing can be planned around it.

A pre-birth order names the intended parents before delivery, so the hospital can list them on the birth certificate and release the baby to them. A post-birth filing reaches the same result later. For a plain explanation of the two routes, see pre-birth versus post-birth parentage orders.

Who can be an intended parent in Ohio?

Ohio courts grant pre-birth parentage orders to married and unmarried intended parents, including same-sex couples. Single parents work with Ohio surrogates in practice, though the parentage route may differ, and an Ohio attorney will confirm the path for your family.

PLS works with intended parents across the US and abroad. If you already have a surrogate, such as a friend or relative in Ohio, PLS can manage the journey without matching under its Cycle Management program. The proposed Cycle Management fee is $15,000, or $12,500 for military families.

International intended parents should plan for citizenship and travel documents for the baby. A federal executive order of August 6, 2026, on citizenship for children born through compensated surrogacy to two non-citizen parents is under litigation. Status as of [date], reviewed by counsel.

Who can be a surrogate in Ohio?

To apply with PLS you must be:

Screening has seven steps: an online application, an interview with a case manager, a medical records review by Mark Silverberg, DDS, MD, a background check, an insurance review, a psychological evaluation by an independent licensed professional, and medical screening at the intended parents' clinic.

Ohio has no statutory surrogate requirements beyond these; your attorney will confirm. Every PLS surrogate has her own independent attorney, paid by the intended parents. If you are an Ohio surrogate, see surrogate compensation in Ohio.

How does PLS work with Ohio surrogates and parents?

Private Label Surrogacy is based in Northbrook, Illinois. PLS recruits Ohio surrogates and pays them the same compensation it pays in Illinois.

An Ohio journey runs the same way as any PLS journey:

  1. Matching. Nancy Block, RN, personally runs matching. Matching averages about 6 months; signing to surrogate introduction is about 9 months today, with a target of 6 or fewer.
  2. Legal and medical foundations. One to two months for attorneys on both sides, escrow funding and medical clearance. In Ohio this is also when your attorney settles the venue for the parentage petition.
  3. Medical cycle. Two to three months. The surrogate monitors at a clinic near home and travels to the intended parents' clinic for transfer. PLS works with 14 partner fertility centers, including Fertility Centers of Illinois, Kindbody, Shady Grove Fertility and Oregon Reproductive Medicine.
  4. Pregnancy and delivery. The pregnancy test comes 9 to 11 days after transfer. The surrogate delivers at her local hospital.

The whole journey typically takes 18 to 24 months. Case managers Natalie Gaudio-Fricano and Jenni Symons, both former surrogates, carry the active matches.

What does an Ohio journey cost and how is money held?

An Ohio journey costs the same as any PLS journey. Legal fees can sit toward the high end of the range where a county requires a hearing or a post-birth filing, because each adds attorney time.

Item Amount Paid to
PLS program fee $35,000 currently; $42,000 proposed on new agreements (program fee: confirm current schedule) PLS, in three installments
Surrogate compensation package Typical total roughly $68,000 to $78,000, built on $60,000 base (proposed) The surrogate, through escrow
Third-party costs $15,300 to $29,000 Attorneys, escrow, psychologist, background checks, insurance review, travel, monitoring
Surrogate health insurance, if needed $5,000 to $40,000 The insurer
IVF and clinic fees Set by your clinic Your clinic, directly
Typical total journey $150,000 to $200,000

Every dollar for the surrogate and third parties is held by an independent licensed escrow agent, not by PLS. You fund $10,000 at match and the balance before medications start, and you may choose your own escrow company. Before match, an insurance review tells you whether the surrogate's plan covers the pregnancy, so the insurance line is known before you commit. See the full surrogacy cost breakdown.

Sources

Editor notes (C-022): CONFIRM WITH COUNSEL: legal status summary, parentage practice and any residency or marital-status rules for Ohio. No statute numbers until counsel signs off. Add 'Reviewed by counsel [name], [date]'.

Frequently asked questions

Is compensated surrogacy legal in Ohio?

Legal by case law; no statute; county practice varies. Confirm the current position with a Ohio reproductive attorney before signing.

Do intended parents get a pre-birth order in Ohio?

Pre-birth order in many counties; some require post-birth filing.

Can single or LGBTQ parents use a Ohio surrogate?

In practice yes, though the parentage route may differ; a Ohio attorney will confirm the path for your family.

Does PLS match surrogates in Ohio?

Yes. PLS recruits Ohio surrogates and pays the same compensation as in Illinois: $60,000 first-time base (proposed).