Belsito v. Clark

Court of Common Pleas, Ohio · Family Law

Family LawSurrogacyParentageDeclaratory JudgmentBirth Certificatesgestational surrogategenetic parentsnatural parents

Facts

Shelly Belsito underwent a hysterectomy but retained her ovaries, and she and her husband Anthony entered a hospital IVF program using Shelly's eggs and Anthony's sperm, with Shelly's sister Carol Clark serving as an uncompensated surrogate host. Hospital procedures and expert testimony established with certainty that the embryo transferred to Carol was created from Shelly's egg and Anthony's sperm, and that Carol contributed no genetic material. Carol signed forms identifying herself as a carrier, while Shelly and Anthony were designated as mother and father, and Carol testified she intended to be no more than an aunt. Before birth, the Belsitos learned Ohio officials would list Carol as the mother on the birth certificate, prompting this suit.

Issue

When a child is conceived through IVF and carried by a gestational surrogate who provides none of the child's genetic material, who are the child's natural and legal parents under Ohio law? More specifically, does maternity follow birth or genetic contribution in this nongenetic-providing surrogacy arrangement?

Rule

Under Ohio law, when a child is delivered by a gestational surrogate impregnated through in vitro fertilization, the natural parents are identified by determining who provided the child's genetic imprint. If those genetic parents have not relinquished or waived their rights to assume the legal status of natural parents, they are the child's natural and legal parents; the birth test is subordinate and secondary to genetics in a nongenetic-providing surrogacy case.

🔒

See the holding & full analysis

Create a free KwikCourt account to unlock the rest of this brief — and practice the case.

The court's holding and reasoning
Doctrine tests, pitfalls & exam hypotheticals
10 practice questions + 4 AI-graded essays on this case

Free sample · practice this case

Test yourself

One of 10 multiple-choice questions for this case. Pick an answer to see why.

In Columbus, Maya and Daniel Ortiz create an embryo through IVF using Maya's egg and Daniel's sperm. The embryo is transferred to Leah Benton, who agrees to carry the pregnancy and contributes no genetic material.

If Maya and Daniel seek a declaration of parentage before birth and neither has relinquished any parental rights, who should be recognized as the child's natural and legal parents under the court's rule?

Explanation. The majority held that in a nongenetic-providing gestational surrogacy case, the primary test for natural parentage is who supplied the child's genetics. If those genetic parents have not relinquished or waived their rights, they are also the legal parents. Birth remains subordinate and secondary to genetics in this setting.