Accepts / Does NOT Accept CA Judgment
Accepts, but domestication is required
✓*= Through marital presumption | Married Hetero Couple | Unmarried Hetero Couple | Married | 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 | 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
Michele Jackson, Esq.
[email protected]
www.hardenjacksonlaw.com