IVF, Same-Sex Marriage, and Parental Rights in Columbus, Ohio

20 hours ago
3 min read

One of the most common questions we receive from same-sex couples in Columbus divorce and custody cases is:

“If our child was born during the marriage through IVF or a sperm donor, does the non-birth mother have parental rights in Ohio?”

In many situations, the answer is yes.

For married same-sex couples in Ohio, courts now generally recognize that a child born during the marriage is a child of the marriage — even when the child was conceived through IVF or donor insemination.

Ohio Law Protects Many Non-Birth Mothers in Same-Sex Marriages

Following the United States Supreme Court’s decision in Obergefell v. Hodges, same-sex married couples are entitled to the same legal protections and benefits as opposite-sex married couples.

That includes important parental presumptions.

In Pavan v. Smith, the United States Supreme Court confirmed that states must provide the same marital-parentage benefits to same-sex spouses that are provided to heterosexual spouses.

In practical terms, Ohio courts generally treat a child born during a lawful same-sex marriage as a child of both spouses.

IVF and Sperm Donor Cases in Ohio

Many lesbian couples in Columbus and throughout Franklin County conceive children through:

IVF,
artificial insemination,
or donor sperm obtained through a licensed sperm bank or fertility clinic.

Under Ohio law, when conception occurs through physician-supervised donor insemination, the sperm donor is generally not treated as a legal parent.

Ohio Revised Code § 3111.95 provides protections involving non-spousal artificial insemination and parental status. Ohio courts have increasingly interpreted these protections in a gender-neutral manner following same-sex marriage decisions.

This means that in many Columbus-area divorce and custody cases, the non-birth mother may have:

custody rights,
parenting time rights,
decision-making authority,
shared parenting rights,
and potential child support rights and obligations.

The Child Being Born During the Marriage Is Extremely Important

One of the strongest facts in these cases is that the child was born during the marriage.

That distinction can make a major difference under Ohio law.

In the recent Ohio Supreme Court case of In re L.E.S., the Court discussed Ohio’s artificial insemination statute and acknowledged that married same-sex spouses may receive the protections of Ohio’s parentage laws.

The Court also emphasized that marital status matters significantly in these cases.

Does the Sperm Donor Have Rights?

Usually not when:

a licensed sperm bank or fertility clinic was used,
the donor was anonymous,
and there was no agreement for the donor to act as a parent.

In many traditional IVF and sperm bank situations, the donor does not have custody or visitation rights.

However, cases can become more complicated if:

the donor was personally known,
insemination occurred privately,
there was no physician involvement,
or the donor later acted as a parent.

Why Confirmatory Adoption May Still Be Recommended

Even though Ohio law increasingly recognizes the parental rights of non-birth spouses in same-sex marriages, many family law attorneys still recommend confirmatory adoption.

A confirmatory adoption can help avoid future disputes involving:

schools,
medical providers,
inheritance,
interstate recognition,
and future custody litigation.

Columbus, Ohio Same-Sex Custody and Divorce Cases

Parentage disputes involving IVF and donor conception can become highly emotional and legally complex. These cases often arise during:

divorce proceedings,
custody disputes,
parenting time litigation,
and relocation disputes.

At Hoffman Law, we represent clients throughout Columbus, Franklin County, Delaware County, Fairfield County, and Central Ohio in divorce, custody, and parentage cases involving: