Learn About Third-Party Assisted Reproduction & Surrogacy Law in Indiana
Everything you need to know about fertility law in Indiana, including surrogacy.
Disclaimer: This content is for informational purposes only and does not constitute legal advice. Klein Fertility Law provides guidance tailored to your unique circumstances, and you should always consult with qualified legal counsel
Key Legal Requirements for Surrogacy in Indiana
- Gestational surrogacy is permitted, including compensated arrangements.
- Highly recommended to enter into a Gestational Surrogacy Agreement.
- Parentage is established through pre-birth orders.
- Court involvement is required to secure a parentage order.
Indiana Surrogacy Law: What You Need to Know
Indiana permits surrogacy for married and unmarried couples, same-sex couples, and single parents. With a properly executed Gestational Surrogacy Agreement and attorney guidance, intended parents can expect the timely issuance of parentage orders naming them as legal parents.
Indiana Surrogacy at a Glance | Compensated Surrogacy | Occurs in practice, but contracts are unenforceable |
|---|---|
| Same-Sex Couples | Allowed |
| Single Parents | Allowed |
| Married Intended Parents | Allowed |
| Unmarried Intended Parents | Allowed |
| Pre-Birth Parentage Orders | Allowed |
| Gestational Surrogacy | Permitted |
| Traditional Surrogacy | Permitted, but more legally complex and less common |
| Surrogacy Agreement | Although surrogacy agreements in Indiana are unenforceable, it is highly recommended |
| Legal Representation | Independent legal representation for each party is recommended |
| Health Insurance for Surrogates | Surrogates should have health insurance coverage for a surrogate pregnancy, addressed in the gestational surrogacy agreement |
| Parental Rights for Non-Genetic Intended Parents | Allowed |
| Eligibility for International Intended Parents | Allowed, but requires additional steps depending on the laws of their home country |
| Court Involvement | Required for parentage orders |
| Birth Certificate | The birth certificate is typically available within 10 – 20 days post-birth |
| Post-Birth Timeframe to travel home | Domestic: Immediately International: 4-8 weeks post-birth |
Surrogacy laws can be complex and may vary depending on specific circumstances. It's crucial to consult with an attorney licensed in Indiana for personalized advice.