Ohio Supreme Court Rules Artificial Insemination Statute Excludes Unmarried Same-Sex Partners
On April 28, 2026, the Ohio Supreme Court ruled in In re L.E.S. that Ohio's artificial insemination parentage statute applies exclusively to married couples, denying parental rights to a woman who helped raise three children during a 12-year same-sex relationship. The decision clarifies that Ohio courts cannot retroactively determine whether a couple "would have married" had marriage equality existed, directly impacting unmarried same-sex parents statewide who relied on assisted reproduction before the 2015 Obergefell decision.
| Key Facts | Details |
|---|---|
| Case Name | In re L.E.S. |
| Decision Date | April 28, 2026 |
| Court | Ohio Supreme Court |
| Relationship Duration | 12 years |
| Children Involved | 3 (born via artificial insemination) |
| Key Statute | Ohio Rev. Code § 3111.95 |
| Ruling | Parentage statute applies only to married couples |
The Court Rejected Retroactive Marriage Analysis for Pre-Obergefell Relationships
The Ohio Supreme Court definitively held that lower courts cannot speculate about whether same-sex couples "would have married" if legal marriage had been available during their relationship. According to reporting from the Ohio Capital Journal, the former couple was together from approximately 2003 to 2015, a period when Ohio prohibited same-sex marriage under both statute and constitutional amendment.
The woman seeking parental rights argued that she and her former partner functioned as a married couple in every practical sense. They jointly decided to have children, she participated in selecting sperm donors, and she helped raise all three children from birth. However, the Court found that Ohio Rev. Code § 3111.95, which establishes parentage for children born through artificial insemination, contains explicit marital requirements that cannot be judicially expanded.
This interpretation means that non-biological parents in unmarried same-sex relationships lack the automatic parentage protections that married couples receive under Ohio's assisted reproduction framework. The ruling creates a significant gap in legal protection for children born to unmarried couples who used artificial insemination or other assisted reproductive technologies.
Ohio Law Treats Married and Unmarried Parents Differently in Assisted Reproduction Cases
Ohio Rev. Code § 3111.95 specifically addresses artificial insemination within the context of marriage. The statute provides that when a married woman conceives through artificial insemination with her husband's consent, the husband is legally presumed to be the father. This framework was designed for heterosexual married couples and has not been updated to address same-sex relationships or modern family structures.
For unmarried couples in Ohio, establishing parental rights requires different legal pathways. Non-biological parents typically must pursue adoption, seek a shared parenting agreement through Ohio Rev. Code § 3109.04, or establish parentage through other means. The In re L.E.S. decision confirms that simply participating in the decision to have children and raising them does not automatically create legal parentage rights under Ohio law.
Ohio's approach contrasts with states like California, where Cal. Fam. Code § 7613 extends parentage protections to both married and unmarried couples who use assisted reproduction with intent to co-parent. At least 15 states have updated their parentage laws since 2015 to account for diverse family structures, but Ohio has not enacted similar reforms.
What This Means for Same-Sex Families in Ohio
The In re L.E.S. ruling establishes binding precedent that affects thousands of Ohio families. According to U.S. Census data, approximately 17,000 same-sex couples live in Ohio, and an estimated 20% of same-sex couples raise children. Many of these families formed before marriage equality became available in June 2015 through the Obergefell v. Hodges decision.
Non-biological parents in unmarried same-sex relationships now face heightened uncertainty about their legal standing. If the biological parent dies, becomes incapacitated, or seeks to exclude the other parent from the children's lives, the non-biological parent may have no statutory basis to assert parental rights. This vulnerability exists regardless of how long the couple was together or how involved the non-biological parent was in raising the children.
The decision also raises questions about existing custody and visitation arrangements. Courts may need to reexamine cases where non-biological parents were granted parenting time based on assumptions about their legal status that this ruling now calls into question.
Practical Takeaways for Ohio Families
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Unmarried same-sex couples planning to have children through artificial insemination should consult a family law attorney before conception to establish legal protections, including potential second-parent adoption.
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Existing unmarried couples who have children together should immediately explore formal adoption by the non-biological parent, as this remains the most secure method of establishing legal parentage under current Ohio law.
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All couples using assisted reproduction should create comprehensive written agreements documenting their intent to co-parent, though such agreements alone may not establish legal parentage without adoption or marriage.
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Same-sex couples who married after having children through assisted reproduction should verify that both parents are listed on birth certificates and consider completing a stepparent adoption for additional legal security.
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Non-biological parents involved in custody disputes should document their parental involvement extensively, including financial contributions, medical decision-making, school involvement, and daily caregiving responsibilities.
Frequently Asked Questions
Does this ruling mean unmarried same-sex partners can never get parental rights in Ohio?
No, but they must pursue alternative legal pathways. Unmarried same-sex partners can establish parental rights through formal adoption, including second-parent adoption where available, or by marrying and pursuing stepparent adoption under Ohio Rev. Code § 3107.02. The In re L.E.S. ruling specifically addresses the artificial insemination statute, not all forms of parentage establishment.
Can courts still grant visitation to non-biological parents under Ohio law?
Ohio courts retain discretion to grant visitation under Ohio Rev. Code § 3109.051, which addresses non-parent visitation rights. However, visitation is distinct from legal parentage. Non-parents seeking visitation must demonstrate that visitation serves the child's best interest, a standard that requires substantial evidence of an existing relationship and potential harm from denying contact.
How does this affect same-sex couples who married after Obergefell in 2015?
Same-sex couples who legally married after June 26, 2015, and subsequently had children through artificial insemination should receive the same parentage protections as heterosexual married couples under Ohio Rev. Code § 3111.95. The In re L.E.S. ruling specifically addresses couples who were not legally married during their relationship, not those who later formalized their union.
What should unmarried same-sex couples do right now to protect their families?
Unmarried same-sex couples should immediately consult with an Ohio family law attorney about second-parent adoption or other legal protections. Creating wills, healthcare powers of attorney, and custody designations provides some protection but does not substitute for legal parentage. Couples planning future children should complete legal protections before conception whenever possible.
Could the Ohio legislature change this law?
Yes, the Ohio General Assembly has authority to amend Ohio Rev. Code § 3111.95 to extend parentage protections to unmarried couples using assisted reproduction. Several states have adopted the Uniform Parentage Act (2017), which provides equal treatment regardless of marital status. However, no such legislation is currently pending in Ohio as of May 2026.
The Ohio family law attorneys in our directory understand the complexities of parentage and custody issues facing same-sex families. If you have questions about protecting your parental rights, our member attorneys can provide guidance specific to your situation.
This article discusses recent news and provides general legal commentary. It does not constitute legal advice. Every case is unique. Consult a qualified family law attorney for advice specific to your situation.