Indiana Surrogacy Laws

Indiana Surrogacy Laws

Under Indiana statute, gestational and traditional surrogacy contracts are void and unenforceable because they are against public policy (Ind. Code § 31-20-1-1.). Despite the unenforceability of surrogacy agreements and arrangements, gestational carrier arrangements continue to occur, and some courts will grant pre-birth parentage orders to intended parents.  

Laws Concerning Parentage Orders in Indiana

Indiana courts have granted pre-birth parentage orders in some situations, despite the fact that gestational surrogacy agreements are unenforceable. In traditional surrogacy arrangements, the intended parents must go through a post-birth adoption process.

Parentage of a child can be established by a court order or voluntary acknowledgement of paternity (IC 31-18.5-3-16.).

Egg and Sperm Donor Law in Indiana

There is no Indiana statute governing the rights, interests, and obligations of an Indiana egg donor, embryo donor, or sperm donor who donates through a licensed physician for the purposes of assisted reproduction.  

While there is case law regarding the rights of donors, the resulting law has been inconsistent and has provided little guidance In re Paternity of Infant T. (IN 2013.).

Indiana Stepparent and Second-Parent Adoption Law

Indiana statute allows for a stepparent in Indiana to adopt their spouse’s child. Under the statute, if the adoptive parent is married to a biological parent or a previous adoptive parent, the parent-child relationship of the biological or previous adoptive parent is not affected by the adoption (IC 31-19-15-2.).

Courts may waive the period of supervision as required in other instances of adoption when faced with cases of stepparent or grandparent adoptions (IC 31-19-8-2.).

Fertility Clinics in Indiana

Contact Baby Steps Surrogacy Center, Inc.

Whether you’re an intended parent or a potential surrogate mother, you can contact Baby Steps Surrogacy Center, Inc. to secure the help you need as you try to work with Indiana surrogacy laws to complete your surrogacy journey. Call us at 412-281-9906 or click the contact buttons above.