By Densil Porteous, Executive Director, Stonewall Columbus
Family, it seems, is at the heart of American values. Whether it’s the family we are born into, the family that chooses us, or the family we create, the notion of belonging and unconditional love should be afforded to everyone–these are basic human needs. Yet, for LGBTQ+/Queer people in Ohio, the pathway to creating a family remains fraught with legal, financial, and societal barriers that make this deeply personal endeavor more difficult than it should be.
Across the country, states are grappling with the rights of LGBTQ+ families to legally form and protect their families. In Ohio, LGBTQ+ couples face hurdles that stem from discriminatory laws and policies that fail to fully protect their rights as parents. These challenges are compounded by a national landscape where certain protections for LGBTQ+ families, such as non-discrimination in adoption and access to assisted reproductive technology (ART), are under constant threat.
Adoption Challenges in Ohio
One of the primary ways LGBTQ+ individuals and couples build their families is through adoption. Yet, in Ohio, like in many other states, there are lingering barriers to equal access to adoption for LGBTQ+ couples. While the state does not have explicit laws banning LGBTQ+ people from adopting, the law allows adoption agencies to turn away LGBTQ+ prospective parents if they claim doing so violates their religious beliefs. This so-called “religious exemption” law disproportionately harms LGBTQ+ families by empowering agencies to deny loving families the chance to adopt a child, perpetuating the false notion that LGBTQ+ people are less capable of providing a safe and nurturing home.
These legal roadblocks undermine the stability and well-being of children in need of permanent homes. It is estimated that nearly 2,300 children are waiting to be adopted in Ohio, yet discriminatory practices continue to limit the pool of loving families available to them. By prioritizing religious beliefs over the best interest of children, Ohio has erected unnecessary barriers to family creation for LGBTQ+ individuals.
Access to Assisted Reproductive Technologies (ART)
For LGBTQ+ couples, assisted reproductive technologies such as in-vitro fertilization (IVF) and surrogacy offer another avenue to create families. However, access to these services remains inequitable across Ohio and the nation. The lack of insurance coverage for fertility treatments and surrogacy disproportionately impacts LGBTQ+ couples, who must often pay exorbitant out-of-pocket costs. Nationally, it’s estimated that IVF costs can range from $12,000 to $15,000 per cycle, with additional expenses for medications.
Ohio’s laws governing surrogacy are also outdated and unclear. While Ohio permits surrogacy arrangements, the process remains legally complex, especially for LGBTQ+ couples. The absence of comprehensive surrogacy laws leaves LGBTQ+ parents vulnerable to legal disputes that can jeopardize their parental rights. Moreover, the patchwork of legal protections across the country means that LGBTQ+ parents using surrogacy in Ohio could face challenges to their legal parental status if they move to a state with more restrictive laws.
National Context: A Patchwork of Protections
While Ohio faces specific challenges, it is important to recognize that these issues are part of a broader national landscape where LGBTQ+ family rights are inconsistently protected. Despite the landmark Supreme Court decision in Obergefell v. Hodges, which legalized same-sex marriage, many of the rights that should come with marriage—such as parental recognition and adoption—are still being contested in various states .
In states like Ohio, where religious exemptions and unclear reproductive laws prevail, the challenges to LGBTQ+ family creation are particularly pronounced. LGBTQ+ families deserve a legal system that fully recognizes their right to create and protect their families, no matter the method of family-building they choose.
What Needs to Change
Ohio must take a bold step forward by enacting comprehensive protections for LGBTQ+ families. This includes:
- Ending Discriminatory Adoption Practices: Ohio must close the loopholes that allow adoption agencies to deny LGBTQ+ couples based on religious exemptions. Children in need of families deserve to be placed in loving homes without discrimination.
- Comprehensive Surrogacy and ART Laws: Ohio needs clearer, more supportive laws governing surrogacy and ART access to ensure LGBTQ+ families can build their families without legal risk. This includes insurance reform to cover fertility treatments for all prospective parents.
- National Solutions: On a national level, we need stronger federal protections for LGBTQ+ family-building, particularly as we consider states where discriminatory practices continue. Family creation should not be dependent on zip codes or state boundaries.
The dream of creating a family is one that many LGBTQ+ people hold dear, but it should not be out of reach due to outdated laws and culturally discriminatory practices. Roadblocks in Ohio, coupled with inconsistent national protections, mean that LGBTQ+ families are forced to navigate a legal maze that only perpetuates inequality. It’s time for Ohio—and the country—to recognize that every family, regardless of how it is formed, deserves dignity, respect, and legal protection.
Densil Porteous is the Executive Director of Stonewall Columbus, an organization dedicated to advancing the rights and well-being of the LGBTQ+ community in Ohio. As part of this mission, Stonewall offers the Family Pride Network, a supportive program dedicated to LGBTQ+ families and those in the process of building families, providing resources, community support, and advocacy for family-related LGBTQ+ issues.
