Gestational Surrogacy Regulations in Indiana

Overview

Gestational Surrogacy is expressly prohibited under Indiana Code 31-20-1-1. The Code
makes gestational and traditional surrogacy contracts void and unenforceable as against
public policy. This does not mean that surrogacy itself is illegal but rather that the contracts
aren’t binding nor are they recognized or enforceable. Despite the statute, gestational
surrogacy is still carried out in Indiana and certain courts will grant pre-birth orders. Please
consult with a local attorney to determine if you can move forward with surrogacy in Indiana.

Intended Parents

Age requirement:
18 years of age or older
Marriage requirement:
No*
Married heterosexual couple:
Yes
Married same-sex couple:
Yes*
Unmarried heterosexual couple:
Yes
Unmarried same-sex couple:
Yes*
Resident status:
Yes*
Independent legal counsel:
Yes

Gestational Surrogates

Age requirement:
18 years of age or older
Marriage requirement:
No
If married/partnered:
husband’s/partner’s sperm cannot be used
Surrogate status:
Gestational Surrogacy
Resident status:
Yes*
Use of own embryos:
No
Independent legal counsel:
Yes
*as long as the IP(s) or GC are residents of Indiana there is a basis for venue in Indiana. There may also be venue in Indiana if the parties consent to venue in Indiana* ´

Embryos

Intended Parents own sperm:
Yes
Intended Parents own eggs:
Yes
Intended Parents using sperm donor:
Yes*
Surrogate status:
Gestational Surrogacy
Intended Parents using egg donor:
Yes*
Intended Parents using both egg and sperm donor:
No

Birth of Child

Birth in Indiana:
Yes
Birth outside of Indiana:
Yes, consult with local attorney

Some courts have begun issuing Pre-Birth orders in certain and limited instances, but
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.

Parentage

Pre-Birth Orders:
Yes
Hearing to obtain Order:
No* (must file a joint/consent petition)
Post-Birth Orders:
Yes

General Information

Will Indiana Vital Records honor a Pre-Birth Order from another state:
Yes
What is the typical time frame to obtain a birth certificate after delivery:
Within 60 days
How are same-sex parents named on the final birth certificate:
Parent and Parent;
Can an international same-sex male couple obtain an initial birth certificate naming the biological father and Gestational Carrier:
Possibly*
Can an international same-sex male couple subsequently obtain a birth certificate naming only the biological father or both fathers with no mention of the Gestational Carrier:
Yes

Second Parent and Stepparent Adoptions for Indiana Residents:

*This situation typically arises if the child is born outside of Indiana. The parents then return to Indiana to obtain a second parent adoption or stepparent adoption in Indiana. Please consult with your attorney on this matter if this issue is to arise*

Traditional Surrogacy in Indiana?

*Traditional Surrogacy in Indiana is expressly prohibited in the same statute applicable to gestational surrogacy.*
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Disclaimer - The information provided on these pages does not, and is not intended to, constitute legal advice; all content is for general informational purposes only and may not constitute the most up-to-date legal information, either. Please consult with an ART Lawyer for legal advice specific to your case.