Surrogacy in Indiana

Gestational Surrogacy in Indiana

Gestational surrogacy can be safely practiced in Indiana with courts granting parentage orders if certain requirements are met. At first blush, Indiana may not seem like an ideal state for surrogacy as there is a statute that states gestational carrier agreements are void and unenforceable. However, Indiana attorneys advise that said statute only applies to traditional surrogacy (where the surrogate is genetically related to the child), not gestational surrogacy. For added protection, gestational carrier agreements where the gestational carrier resides in Indiana will likely be drafted using the state law where the Intended Parents or fertility clinic are located. Nonetheless, gestational surrogacy is widely practiced in Indiana.

Understanding Surrogacy Laws in Indiana

Legal Parentage

Indiana courts regularly grant parental rights via pre and post birth parentage orders to married intended parents who have some genetic connection to the child. Single intended parents may also obtain a pre-birth order if genetically related to the child, but this can vary by judge. The legal parentage process is the critical step whereby parentage is determined. Depending on where your child is born, the birth parentage orders will be completed either pre- or post-birth.

Backing up a step, the legal parentage process is the critical step where parentage is determined. Depending on where your child is born, the birth parentage orders will be completed either pre- or post-birth. Every state, whether pre-birth, post-birth, or some combination of the two, has its own unique process and requirements. Working with an experienced Assisted Reproductive Technology lawyer and reputable agency is critical to the success of a surrogacy journey. One of the many benefits of working with an established agency like ConceiveAbilities is the legal oversight, education, and support provided to both intended parents and gestational surrogates.

Pre-Birth Orders

The pre-birth process means that the relevant state law provides an avenue for the parties to present an order to a judge for entry prior to the child being born that establishes the intended parent(s) as the legal parents of the child. It will also likely direct the hospital to release the child to the intended parents after discharge and order the Indiana Office of Vital Records to name the intended parents on the child’s birth certificate.

Post-Birth Processes

The post-birth process is overall procedurally the same as the pre-birth, but it occurs after the child is born. Often this is because the relevant state law contemplates the existence of a live child before anything can be filed or entered. But the ultimate result is the same – a birth certificate with the intended parents’ names and secure legal parentage of the child in favor of the intended parents. Post-birth court orders may be necessary if the pre-birth order process isn’t followed, ensuring legal parentage.

Common Questions About Indiana Surrogacy Law

Do You Need a Medical Need for Surrogacy in Indiana?

Indiana requires a medical need for surrogacy, which means surrogacy is only permitted if there is a medical reason a person cannot carry their own child. Some examples of medical needs include unexplained infertility, lack of a uterus or vagina, scarring on the uterus, and a history of complicated pregnancies or miscarriage(s). Existing medical conditions like heart disease, kidney disease, diabetes and pregnancy conditions such as preeclampsia and gestational diabetes that could impact a woman’s ability to carry a child to term or put her life at risk would also qualify as a medical need.

Are There Any Requirements or Specifications for Intended Parent(s) as It Relates to Marital Status?

Indiana allows married couples and single individuals to pursue surrogacy. Partnered couples may also be able to pursue, but will need to discuss options with an experienced professional.

Do Intended Parent(s) need a genetic connection to the embryo?

In Indiana, at least one intended parent needs a genetic connection to the embryo.

Can International Intended Parent(s) Pursue Surrogacy in Indiana?

International parents can pursue surrogacy in Indiana. Learn more about becoming a parent with international family building.

Can LGBTQIA+ Intended Parents safely pursue surrogacy in your state?

Yes, Indiana allows surrogacy for all individuals including the gay and LGBTQ+ community, regardless of sexual orientation. Learn more about surrogacy and the LGBTQ+ Community.

Can I Use My Own Surrogate? Is Altruistic Surrogacy Permitted?

Yes, altruistic surrogacy is permitted in Indiana if similar requirements are met. Even if you have a surrogate, you may still choose to partner with a surrogacy agency to navigate your journey.

Are there any residency requirements for either Intended Parent(s) or surrogates in Indiana?

Generally no. Intended parents do not need to be Indiana residents to carry out a surrogacy journey in Indiana. Similarly, gestational carriers are not required to reside in Indiana, although it is preferred they are residents. Ultimately, the child being born in Indiana may create sufficient jurisdiction for parentage.

Are there any written laws (statute or case law) relating to the rights of gestational carriers?

No, there are no Indiana written laws relating to the rights of gestational carriers as it relates to an enforceable gestational carrier agreement. Learn more about surrogate rights.