Surrogacy in Indiana

unfriendly surrogacy icon

Surrogacy in Indiana is against local public policy, and surrogacy contracts are prohibited, which makes Indiana one of the few unfriendly US states for surrogacy. That said, courts will still grant parental orders even if the surrogacy contract is invalid. Limited court cases have held that the Intended Parents are the legal parents without the need of adoption proceedings.

 

Indiana Surrogacy 1

Jump Down this Article:

Also in the Guide:

 

Is Surrogacy Legal in Indiana?

Indiana Family Law makes gestational and traditional surrogacy contracts void and unenforceable as against public policy. However, some courts have begun issuing pre-birth orders in certain and limited instances. Typically, no pre-birth parentage order may be granted unless medical documentation is provided confirming that the child is genetically related to both of the Intended Parents (meaning that no egg or sperm donor can be used). Second-parent and stepparent adoptions are permitted in the state.

Although surrogacy agreements are illegal, establishing parentage in surrogacy cases is very different matter. Indiana courts have been liberal when granting parentage orders, even without statutory guidance on the subject.
 

Indiana Surrogacy Laws at a Glance

QuestionAnswer
Married heterosexual couple using own egg and own spermYES
Married heterosexual couple using an egg donor or sperm donorYES*
Married heterosexual couple using both an egg donor and sperm donorYES*

* At court discretion

 

Pre-Birth Orders in Indiana

Some courts will grant pre-birth orders that rule on the maternity or paternity of a child. If both parents are genetically related to the child, a pre-birth order can be issued with both of their names as the legal parents of the child. However, the ruling in “In the Matter of the Paternity and Maternity of Infant T”, has limited pre-birth orders when one of the Intended Parents is not genetically related to the child.

When it comes to heterosexual couples using a sperm or egg donor and couples with no genetic relation to the child, some courts will grant a pre-birth order IF the gestational carrier agreement was created pursuant to the laws of a surrogacy friendly state (one that specifically supports legal rights of the intended parents).

Support for surrogacy contracts executed in surrogacy-friendly states hasn’t been tested on same-sex couples (married or unmarried). So same-sex couples will not appear as the legal parents of the child, but single parents might, depending on the judge.

In cases where a pre-birth order is granted, any parent listed in the court order will be named on the birth certificate. A pre-birth order typically takes anywhere from one to four weeks, but it may vary. A hearing is not required and Intended Parents are not required to appear in court.

If the order is obtained with the surrogate still going on the birth certificate, then a same-sex couple can obtain an initial copy of the birth certificate showing the name of the surrogate and Intended Father. If the order is obtained asking that both parents are named on the birth certificate, then there would not be a birth certificate with the surrogate’s name on it to obtain.

Following the pre-birth order, any parent listed in the court order will be named on the birth certificate. A pre-birth order typically takes anywhere from one to four weeks, but it may vary. A hearing is not required and Intended Parents are not required to appear in court.

An egg/sperm donor(s) does not have any parental rights over the child.

 

Post-Birth Orders in Indiana

Post-Birth Orders are given under the same circumstances as Pre-birth orders. Following a post-birth order, whoever is asked to be on the birth certificate will appear on the birth certificate. A hearing is not required and Intended Parents are not required to appear in court.

If an order is granted, same-sex parents will be named as “Parents” in the final birth certificate.

If the order is obtained with the surrogate still going on the birth certificate, then a same-sex couple can obtain an initial copy of the birth certificate showing the name of the surrogate and Intended Father. If the order is obtained asking that both parents are named on the birth certificate, then there would not be a birth certificate with the surrogate’s name on it to obtain.

An egg/sperm donor(s) does not have any parental rights over the child.

 

Surrogacy Contracts in Indiana

Indiana surrogacy contracts are not enforceable, creating legal risk for any intended parent or surrogate who enters into a surrogacy in Indiana.

Beyond specifying that surrogacy contracts are void and unenforceable, there are no surrogacy laws in Indiana that address the creation of surrogacy agreements. Surrogacy agreements may need to be created as “memoranda of understanding” rather than legal contracts. Intended Parents should speak with a local Indiana surrogacy attorney before creating a surrogacy agreement.

 

Best Surrogacy Clinics in Indiana

There are 8 fertility clinics in Indiana currently reporting data about IVF cases. Of these, there are 2 clinics that regularly perform “surrogacy-type” IVF cases. Surrogacy cases are those using a donor egg and frozen embryo transfers, which is the most common procedure in a surrogacy journey.

The top IVF clinics in Indiana have an average success rate of about 31.55% for each embryo transfer. That compares with 46.5% as the national average, which makes Indiana an unfavorable destination for a surrogacy journey in the United States.

Of the clinics performing surrogacy-type service none of them report live-birth rates above the national average.
 

LEGAL DISCLAIMER

All legal information in the SENSIBLE website is intended only as a guide, and not a replacement for opinions of licensed legal professionals. Some information may have changed since the time of publication, or may not apply to the particular circumstances of your case. Please consult an attorney who is licensed in the jurisdiction with authority over your journey.

About the authors

  • Author: William (Bill) Houghton

    Bill Houghton is the founder of Sensible Surrogacy, author of the Sensible Surrogacy Guide, 2x surrogacy dad, and a dedicated advocate for secure, legal and ethical Gestational Surrogacy. Read Bill's Biography
  • Reviewer: Amanda Sapp

    Amanda Sapp specializes in assisted reproduction laws (surrogacy, egg donation, sperm donation, embryo donation), adoption law, and estate planning law. Sapp Law Office provides legal representation to heterosexual, single, and LGBT clients that helps build and protect families.

Didn`t find what you need?

Search our complete library for all the answers...

...or return to the ‘Sensible’ Surrogacy Guide.