A Deep Dive into Gestational Surrogacy in Indiana
Considering growing your family through gestational surrogacy in Indiana? While Indiana’s laws around surrogacy can be a bit complex, the good news is that gestational surrogacy is not only possible—it’s actively and successfully practiced throughout the state. With the right support team, including experienced attorneys and fertility professionals, many intended parents complete their surrogacy journeys in Indiana with healthy outcomes and clear legal parentage.
Here’s what you need to know.
Is Surrogacy Legal in Indiana?
Yes, gestational surrogacy is legal and practiced in Indiana. However, Indiana does have a unique law on the books—Indiana Code §31-20-1-1—that states surrogacy contracts are “void and unenforceable.” That might sound concerning, but in practice, this law does not stop intended parents, surrogates, and fertility clinics from working together.
What it does mean is that the legal side of things requires extra care and expertise. Because the statute is interpreted differently by different courts, outcomes may vary by county or judge. That’s why working with a knowledgeable attorney who specializes in Assisted Reproductive Technology (ART) law is essential.
Can Intended Parents Get a Pre-Birth Parentage Order?
Often, yes. Many Indiana courts will grant a pre-birth order—a legal document that declares the intended parents as the child’s legal parents before birth. This helps ensure that hospital staff and the Indiana Office of Vital Records (a division of the Indiana Department of health responsible for maintaining and issuing certified copies of key records) know to name the intended parents on the birth certificate and release the child to them after delivery.
Here’s how it typically breaks down:
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Married heterosexual couples using their own egg and sperm – Courts generally grant pre-birth orders.
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Unmarried heterosexual couples using their own egg and sperm – Often granted, depending on documentation.
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Same-sex couples and those using donor gametes – This can be more complicated. Some courts will grant pre-birth orders if the surrogacy agreement was created under the laws of another state that clearly defines the rights of all parties.
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Single intended parents – May be eligible for a pre-birth order if genetically related to the child, but this can depend on the judge.
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When no intended parent is genetically related to the child – Pre-birth orders may be possible, but only if the surrogacy agreement complies with the laws of a state that supports non-genetic intended parents.
Do I Need to Live in Indiana to Get a Pre-Birth Order?
Not necessarily. Some Indiana courts will grant a pre-birth order based on the gestational carrier’s plan to deliver in Indiana, even if the intended parents live elsewhere. However, this depends on the judge and whether all parties consent to jurisdiction and venue.
Is a Court Hearing Required?
Usually not. If all parties file a joint or consent petition, many judges will issue the pre-birth order without requiring an in-person hearing.
Will the Indiana Birth Certificate Reflect the Intended Parents?
Yes. In most cases, the Indiana birth certificate will list the intended parents named in the court order. For same-sex couples, birth certificates may still list parents as "Mother" and "Father," but Indiana courts have ruled that same-sex couples should be recognized as legal parents if the child is born in wedlock.
What About Second-Parent or Stepparent Adoptions?
For situations where one parent is not genetically related to the child, or when a pre-birth order is not granted, a second-parent adoption may be needed. Indiana does allow second-parent and stepparent adoptions for both heterosexual and same-sex couples. It’s often easier if the couple is married, but marriage is not required.
If the adoption takes place outside Indiana, Indiana Vital Records will still honor the court order from another state and update the birth certificate accordingly.
What if I’m an International Intended Parent?
International intended parents are welcome to pursue surrogacy in Indiana. If the legal process is followed correctly, they can usually receive a birth certificate naming one or both parents, and in many cases, with no mention of the surrogate.
Are There Medical Requirements for Surrogacy in Indiana?
Yes. Surrogacy is typically allowed when there’s a medical need—meaning a person cannot safely carry a pregnancy due to infertility, medical conditions, or past pregnancy complications. This is something your fertility specialist at Indiana Fertility Institute can help document.
Final Thoughts
Surrogacy in Indiana is a well-trodden path, but it requires experienced legal and medical guidance to ensure your rights are protected and your child’s legal parentage is secure. With the right team by your side, you can move forward with confidence.
If you’re considering surrogacy—whether as an intended parent or a potential gestational carrier—we’re here to help answer your questions and support you every step of the way.
Ready to learn more about your options? Contact our team to schedule a consultation.