As Introduced

136th General Assembly

Regular Session H. B. No. 993

2025-2026

Representatives Mathews, A., Fischer

To enact section 3111.98 of the Revised Code to establish requirements for surrogacy agreements.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That section 3111.98 of the Revised Code be enacted to read as follows:

Sec. 3111.98. (A) As used in this section:

(1) "Assisted reproduction" means the act of causing pregnancy through means other than sexual intercourse, including any of the following procedures:

(a) Intrauterine or intracervical insemination;

(b) In vitro fertilization and embryo transfer;

(c) Intracytoplasmic sperm injection.

(2) "Foreign country of concern" means any foreign government designated as a country of concern under 28 C.F.R. 202.601.

(3) "Gamete" means a cell containing a haploid complement of DNA that has the potential to form an embryo when combined with another gamete. Sperm and eggs are gametes.

(4) "Gestational surrogate" means an individual who is not an intended parent and who agrees to become pregnant through assisted reproduction using gametes that are not the individual's own and give birth to a child for one or two intended parents under a surrogacy agreement.

(5) "Surrogacy agreement" means an agreement between one or two intended parents and an individual who is not an intended parent in which the individual agrees to become a traditional surrogate or gestational surrogate and provides that each intended parent is a parent of a child conceived under the agreement.

(6) "Traditional surrogate" means an individual who is not an intended parent and who agrees to become pregnant through assisted reproduction using the individual's own gametes and give birth to a child for one or two intended parents under a surrogacy agreement.

(B)(1) Before entering into any surrogacy arrangement, the intended parent or parents and the surrogate shall execute a surrogacy agreement. Both of the following shall apply to the parties to the agreement:

(a) The surrogate is at least eighteen years of age.

(b) Each intended parent is at least eighteen years of age.

(2) A surrogacy agreement shall not be executed if either an intended parent or a surrogate is a citizen or resident of a foreign country of concern.

(3) A surrogacy agreement executed in violation of this section is void and unenforceable as contrary to the public policy of this state.