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.
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.
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.