Ohio Attorney Securing Birth Orders and Birth Certificates
The most important aspect of any surrogacy plan is obtaining the proper birth certificate, one that accurately reflects the legal parentage of the child. I am surrogacy lawyer, Ellen Essig, and from my office in Cincinnati, I help intended parents throughout the country with their birth certificate and birth order concerns.
Building Families through Surrogacy
Contact Ellen Essig, Attorney & Counselor
The process for securing a birth order in a timely fashion relies upon a good relationship with the court and personnel. As an Ohio State Bar certified Family Law Specialist with over 22 years of experience, I am familiar with the process and I understand the various court systems. The courts want to help people. They also want to uphold the law. I know how to find solutions that work for everyone.
In Ohio, there are no statutes regarding surrogacy, so every county is free to determine the process they will use to determine parentage. Most cases tend to be approached in one of two ways:
- Probate Court: In some counties, for example, Hamilton County, surrogacy is treated as an action for declaratory judgment that results in the creation of the initial birth certificate in the names of the Intended Parents.
- Juvenile Court: In some courts, for example Montgomery County and Franklin County, surrogacy is treated as a parentage action using a Complaint to Establish Maternity or Paternity. Again, the initial birth certificate is created in the names of the Intended Parents.
In most Ohio courts, DNA testing or hearings are not required for surrogacy and birth certificate issues as long as there is an affidavit from a fertility physician who gives a professional opinion as to the genetic relationship of the child to the Intended Parents and the surrogate.
In my experience, most courts grant orders in time to ensure that the first birth certificate will have the correct parents on the document. I will help make sure the surrogate is not named on any birth orders or certificates. If we can plan appropriately, you can avoid the necessity of an adoption and where the birth order is granted pre-birth, the hospital will look to the intended parents for all decision making related to the child.
Contact Me Today
While my practice is based in Cincinnati, I handle surrogacy matters in surrounding states as well as around the country. As procedures vary from state to state, I work with attorneys as co-counsel when necessary. Contact me online today or call me toll-free at 1-866-427-4859 for more information about birth certificates and establishing your child's birth order.
