The proposed bill, H.B. No. 2025-2026, seeks to establish specific requirements for surrogacy agreements in Ohio by enacting section 3111.98 of the Revised Code. It defines key terms related to surrogacy, including "assisted reproduction," "gestational surrogate," "traditional surrogate," and "surrogacy agreement." The bill stipulates that a surrogacy agreement must be executed before any surrogacy arrangement can take place, and it mandates that both the surrogate and intended parents must be at least eighteen years old. Additionally, the bill prohibits the execution of a surrogacy agreement if either party is a citizen or resident of a designated "foreign country of concern."
Furthermore, the bill declares that any surrogacy agreement executed in violation of these provisions will be considered void and unenforceable, reinforcing the public policy of the state regarding surrogacy arrangements. This legislation aims to provide clarity and legal structure to surrogacy practices, ensuring that all parties involved meet specific age and residency criteria.