Jump to Navigation
Family Building Through ART (Assisted Reproduction Technology) toll free: 1-866-427-4859 | 513-898-3784

Birth Orders

Process for Securing a Birth Order in Ohio

Establishing the Legal Parantage of Your Child

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 and across the world with their birth certificate and birth order needs.

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 three decades 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, even in the most unusual situations.

In Ohio, there are no statutes regarding surrogacy specifically, so every county must determine the process they will use to determine parentage. These cases are generally approached in one of two ways:

  • Probate Court: In some counties, 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 counties, surrogacy is treated as a parentage action using a Complaint to Establish Maternity and/or Paternity. Again, the initial birth certificate is created in the names of the Intended Parents.

DNA Testing, Pre-Birth and Related Concerns

In most Ohio courts, DNA testing or hearings are not required as long as there is an affidavit from the 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, courts grant these orders in time to ensure that the first birth certificate will have the names of the correct parents on the certificate. I will help make sure the surrogate is not named as parent on any birth orders or certificates. My goal is to plan appropriately, so you can avoid the necessity of an adoption.

Whether you choose traditional surrogacy, or gestational surrogacy, I can help ensure that your child's parentage is clearly established before birth or immediately thereafter. No matter what legal process you use, I will insure that the hospital will look to you as the Intended Parents for all decision making related to your child.

Contact Me

While my practice is based in Cincinnati, I handle surrogacy and related collaborative reproduction matters in surrounding states, as well as across the country and around the world on behalf of my clients. As procedures vary from state to state, I work with attorneys as co-counsel when necessary. Contact me online or call me at 1-866-427-4859 toll-free for more information about birth certificates and obtaining your birth order naming you as the parents of your child.