Accepts / Does NOT Accept CA Judgment
Accepts, but domestication is required
Pre Birth / Post Birth
Married Hetero Couple
Unmarried Hetero Couple
Unmarried Same-Sex Couple
One Bio Connection
Two Bio Connections
No Bio Connections
State Law Governing Gestational Surrogacy
Indiana Code Section 31-20-1 states:
IC 31-20-1-1: The general assembly declares that it is against public policy to enforce any term of a surrogate agreement that requires a surrogate to do any of the following:
(1) Provide a gamete to conceive a child.
(2) Become pregnant.
(3) Consent to undergo or undergo an abortion.
(4) Undergo medical or psychological treatment or examination.
(5) Use a substance or engage in activity only in accordance with the demands of another person.
(6) Waive parental rights or duties to a child.
(7) Terminate care, custody, or control of a child.
(8) Consent to a stepparent adoption under IC 31-19 (orIC 31-3-1 before its repeal).
IC 31-20-1-2: A surrogate agreement described in section 1 of this chapter that is formed after March 14, 1988, is void.
Vital Records Information
Contact: Brian Carnes 317-233-7523
- As of January 2020, the new attorney at the IN Department of Public Health, Deana Smith, does not want to accept surrogacy orders since IN declares surrogacy agreements unenforceable
- Since this time, we have been domesticating our CA orders in order for them to have full force and effect with IN VR
Judgments: Michele Jackson reiterated that in order to be domesticated, orders must be for genetically connected IP’s or IPs whose parental rights can be established through a marital presumption (ie married couple using donor gametes from one parent only)
- Judgments must contain information regarding IPs’ DOB and place of birth