Obergefell Doesn’t Apply to Ohio Unwed Same-Sex Parenting Cases

April 28, 2026, 3:01 PM UTC

Ohio’s law providing a way for former spouses seeking parenting rights for children conceived via artificial insemination doesn’t apply to same-sex couples that would’ve wed had it been legal then, the state Supreme Court said Tuesday.

The US Supreme Court’s 2015 decision in Obergefell v. Hodges granting a constitutional right to same-sex marriage doesn’t retroactively apply to a law concerning parenting rights of a husband whose then-wife was artificially inseminated with donor sperm, Ohio’s high court ruled.

Justice R. Patrick DeWine (R) said the law “does not provide a pathway for an unmarried partner who does not have a ...

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