HB 993

                              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  1
               establish requirements for surrogacy agreements.  2
 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
     Section 1. That section 3111.98 of the Revised Code be  3
enacted to read as follows:  4
     Sec. 3111.98. (A) As used in this section:  5
     (1) "Assisted reproduction" means the act of causing  6
pregnancy through means other than sexual intercourse, including  7
any of the following procedures:  8
     (a) Intrauterine or intracervical insemination;  9
     (b) In vitro fertilization and embryo transfer;  10
     (c) Intracytoplasmic sperm injection.  11
     (2) "Foreign country of concern" means any foreign  12
government designated as a country of concern under 28 C.F.R.  13
202.601.  14
     (3) "Gamete" means a cell containing a haploid complement  15
of DNA that has the potential to form an embryo when combined  16
with another gamete. Sperm and eggs are gametes.  17
     (4) "Gestational surrogate" means an individual who is not  18
H. B. No. 993  Page 2
As Introduced
an intended parent and who agrees to become pregnant through  19
assisted reproduction using gametes that are not the  20
individual's own and give birth to a child for one or two  21
intended parents under a surrogacy agreement.  22
       (5) "Surrogacy agreement" means an agreement between one  23
or two intended parents and an individual who is not an intended  24
parent in which the individual agrees to become a traditional  25
surrogate or gestational surrogate and provides that each  26
intended parent is a parent of a child conceived under the  27
agreement.  28
       (6) "Traditional surrogate" means an individual who is not  29
an intended parent and who agrees to become pregnant through  30
assisted reproduction using the individual's own gametes and  31
give birth to a child for one or two intended parents under a  32
surrogacy agreement.  33
       (B)(1) Before entering into any surrogacy arrangement, the  34
intended parent or parents and the surrogate shall execute a  35
surrogacy agreement. Both of the following shall apply to the  36
parties to the agreement:  37
       (a) The surrogate is at least eighteen years of age.  38
       (b) Each intended parent is at least eighteen years of  39
age.  40
       (2) A surrogacy agreement shall not be executed if either  41
an intended parent or a surrogate is a citizen or resident of a  42
foreign country of concern.  43
       (3) A surrogacy agreement executed in violation of this  44
section is void and unenforceable as contrary to the public  45
policy of this state.  46