Indiana

Accepts / Does NOT Accept CA Judgment

Accepts, but domestication is required

✓*= Through marital presumption

Married Hetero Couple

Unmarried Hetero Couple

Married
Same-Sex
Couple

Unmarried Same-Sex Couple

Single Parent

One Bio Connection

✓*

✓*

Two Bio Connections

N/A

N/A

N/A

No Bio Connections

Pre Birth / Post Birth

Pre-Birth

State Law Governing Gestational Surrogacy

✓*= Through marital presumption

Married Hetero Couple

Unmarried Hetero Couple

Married
Same-Sex
Couple

Unmarried Same-Sex Couple

Single Parent

One Bio Connection

✓*

✓*

Two Bio Connections

N/A

N/A

N/A

No Bio Connections

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

Local Counsel

Joel Kirsh
[email protected]
(317) 575-5555