Her Bun + My Oven = Our Child: Protecting the Legal Parentage of LGBTQ+ Mothers and Their Children Conceived via Reciprocal In Vitro Fertilization in Ohio

This Note discusses legal parentage in Ohio for two-women couples who expand their families via reciprocal in vitro fertilization or egg-sharing, where one woman is the genetic parent and the other is the gestational parent. Currently, the gestational mother is guaranteed legal parentage at the time of the child’s birth, while the genetic mother must petition the court for a formal adoption to protect her legal rights. A thorough review of court precedent regarding same-sex marriage makes clear that the public policy of Ohio permits two women to share in the legal rights of parentage. Furthermore, Ohio courts have regularly held that legal parentage may be established through gestation and/or genetics and provides a mechanism for determining parentage in cases of surrogacy. This Note argues that the state legislature must expand Chapter 3111 to include a provision granting legal parentage to both women in cases of reciprocal in vitro fertilization, much like those covering artificial insemination and embryo adoption. Without this bright-line protection, the legal relationship between the child and mother(s) is at risk.