Although surrogacy isn’t illegal in Indiana, state law doesn’t recognize surrogacy contracts as enforceable. This can create confusion and uncertainty if you’re trying to build a family or help someone else do the same.
But don’t worry — you’re not alone. We can help hopeful parents and prospective surrogates in Indiana complete their journeys with a match from another state.
In this guide, we’ll walk you through everything you need to know about surrogacy laws in Indiana: what’s allowed, how to protect your right and how our team can help. If you’re ready to get started, speak with a surrogacy specialist today.
Indiana Surrogacy Laws: Can I Still Pursue Surrogacy?
Surrogacy is not prohibited in Indiana, but it also isn't supported by state law. Indiana Code section 31-20-1-1 explicitly states that surrogacy contracts are void and unenforceable. That means neither the surrogate nor the intended parents can rely on the courts to uphold the terms of their agreement.
So, what does this mean for you? Although you can’t pursue a legally binding surrogacy contract in Indiana, you can still pursue gestational surrogacy if you match with someone from a surrogacy-friendly state. At American Surrogacy, we help Indiana families and surrogates find safe, legal pathways forward.
Is Paid Surrogacy Legal in Indiana?
No, compensated surrogacy is not legal in Indiana. Because surrogacy contracts are void, the courts cannot legally enforce a compensation agreement for carrying a pregnancy.
However, that doesn’t mean you’re out of options. As a national agency, we work with surrogates and intended parents in states where paid surrogacy is legal. That means we can help you find an interstate match that aligns with your needs and the law.
Want to learn more about surrogate compensation and its role in the process? Explore our compensation resources online.
Are Surrogacy Contracts Enforceable in Indiana?
No, surrogacy contracts are not enforceable when both parties live in Indiana. However, if either the intended parents or the surrogate is from a surrogacy-friendly state, the contract may be enforceable in that jurisdiction.
It's also worth noting that some Indiana courts have begun granting pre-birth orders, particularly in cases where the intended parents are genetically related to the baby. These decisions vary by county and judge, so working with an experienced surrogacy attorney is essential.
Surrogacy Contract Checklist
The contract is a vital part of the process. It lays out everyone’s rights, responsibilities and expectations. Here’s what should be included in a surrogacy contract:
Compensation for the surrogate, reimbursements and handling of unexpected costs. Who makes decisions about embryo transfers, selective reduction, pregnancy termination or cesarean delivery? Wellness expectations, travel restrictions and communication preferences. How and when the intended parents will be recognized as the child’s legal guardians. Clear methods for resolving disagreements—without jeopardizing the journey. What happens if one party needs to end the agreement early?
With American Surrogacy as your guide, your contract will reflect your wishes and align with the state’s laws. Our goal is to help you feel informed, reassured and legally protected every step of the way.
When Do I Need a Surrogacy Contract in Indiana?
Your surrogacy contract is drafted after you’ve been matched with a surrogate or intended parents. Once everyone agrees to move forward, your legal teams begin working on the contract.
Want to learn more about the surrogacy timeline? Discover how long the process takes.
How Will American Surrogacy Support Me During the Contract Stage?
Because of Indiana’s contract restrictions, we don't match Indiana surrogates with Indiana hopeful parents. However, we can help both parties find interstate matches in surrogacy-friendly states.
Explaining complex legal language in plain terms Assisting with contract negotiations and feedback loops Coordinating timelines between medical and legal milestones Ensuring all documentation is signed and submitted on time Connecting you with a surrogacy attorney near you How We Help You
Before we ever show you a surrogate or intended parent profile, we research state laws to make sure your journey aligns with your legal rights. We also coordinate with top surrogacy attorneys to guide you through the entire contract process.
Our Local Offices
If you’d like to speak with a surrogacy specialist in person, you can visit our office:
Indianapolis
Suite 200
Indianapolis, IN 46240
LGBTQ+ Surrogacy Laws in Indiana: Navigating Restrictions
Indiana surrogacy laws for LGBTQ+ couples include a few extra legal considerations:
In the 2016 case Henderson v. Adams, the courts ruled that same-sex couples can be listed as "Parent" and "Co-Parent" instead of “Mother” and “Father.” Indiana courts generally do not allow pre-birth orders for LGBTQ+ couples. While Indiana law doesn’t explicitly allow second-parent adoptions, the courts have historically granted legal parentage to LGBTQ+ couples using stepparent or joint adoption laws.
At American Surrogacy, we proudly support LGBTQ+ hopeful parents. We can help you fulfill your dream of parenthood.
Abortion Laws in Indiana and Surrogacy Contract Termination Agreements
Abortion is banned in Indiana with very few exceptions. Additionally, patients must receive in-person counseling, get an ultrasound and wait at least 18 hours between appointments.
Termination agreements are a vital part of surrogacy contracts. Considering some states' limitations, it’s still important to spell out your expectations clearly.
If Indiana’s laws don’t align with your values or needs, you have options. We can help you pursue your journey in a surrogacy-friendly state.
Surrogacy Laws for Establishing Parentage in Indiana
Establishing parentage can be tricky in Indiana. Here's how the process generally works:
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Pre-Birth Orders: These are typically available to married or unmarried heterosexual couples who are both genetically related to the baby. However, due to the Paternity and Maternity of Infant T ruling, it’s more difficult to obtain a pre-birth parentage order if one intended parent isn’t biologically related. This presents added challenges for LGBTQ+ couples, single parents and heterosexual couples using donors.
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Post-Birth Orders: When a pre-birth order isn’t available, intended parents can establish parental rights through post-birth legal procedures. This often involves a second-parent or stepparent adoption process.
How to Get a Pre-Birth Order in Indiana
If you're pursuing a pre-birth order in Indiana, here's a general outline of how the legal process unfolds:
If both parties agree, a hearing may not be necessary. The court needs proof of everyone’s involvement and intent. Most families receive the birth certificate within 60 days.
International Surrogacy Laws: How Global Families Can Navigate U.S. Surrogacy
Indiana's state laws apply to international hopeful parents. If you live abroad, you will likely need to match with a surrogate in a surrogacy-friendly state.
American Surrogacy can help you find a match in the U.S. and guide you through every legal step.
The Role of a Surrogacy Attorney in Indiana: Why Legal Expertise Matters
A surrogacy attorney ensures all parties are legally protected. They’ll handle parentage orders, contract drafting and court filings. We partner with attorneys across Indiana and can connect you with one who fits your needs.
Are you ready to connect with a surrogacy attorney?
How Much Does a Surrogacy Lawyer Cost?
In Indiana, legal fees typically range from $5,000 to $15,000. Intended parents cover these costs, including their surrogate’s legal representation.
Our program fees include most legal costs, so you won’t need to worry about budgeting for surprise expenses.
Find a Surrogacy Attorney Near Me
Here are two professionals in our network:
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Kirsh & Kirsh PC (Indianapolis): Joel Kirsh is a long-standing member of the AAAA and focuses on assisted reproduction and LGBTQ+ family formation.
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Herrin & Leach (Indianapolis): Nathan Leach specializes in egg, sperm, and embryo donation, as well as surrogacy and LGBTQ+ legal support. He’s been an AAAA member since 2011.
Explore Our Surrogacy Programs in Indiana: 3 Flexible Options
We offer three different programs to help you reach your goals:
Limited Risk Program
Our Limited Risk Program is designed to give you peace of mind when unexpected setbacks occur. If your journey is interrupted by a disqualified surrogate, an unsuccessful embryo transfer or a miscarriage, you won’t lose your financial investment. Instead, your fees will be refunded or credited toward your next attempt.
Foundation Program
This program follows a traditional payment model. You’ll pay for services as you go, which keeps upfront costs lower. If your first embryo transfer is successful, this could save you money. But if complications arise — like multiple transfers or a rematch with a new surrogate — you may face additional out-of-pocket expenses.
Independent Surrogacy Program
If you’ve already matched with a surrogate on your own, our Independent Program is for you. We’ll manage the rest of the process — including screening, coordination, legal guidance and case support — without charging you for services you don’t need.
FAQ: Legal Aspects of Surrogacy in Indiana
Are insurance companies required to cover IVF in Indiana?
No. Indiana does not mandate IVF coverage. There are fifteen states that do: : Arkansas, California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, Rhode Island and Utah.
Is an embryo considered a person in Indiana?
Yes. Under Indiana Code section 16-34-2-1.1, an embryo is legally considered a person
Because embryos are treated as “persons” under Indiana law:
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Decisions around how embryos are created, stored, transferred and discarded are subject to legal scrutiny.
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Contracts must account for a range of scenarios, including what happens to unused embryos, embryo donation and use after death.
For both intended parents and surrogates, it’s essential that your surrogacy contract clearly outlines how embryos will be handled in every potential situation.
Is traditional surrogacy legal in Indiana?
Yes, but the contracts are still void. Due to added emotional and legal risks, traditional surrogacy is rarely recommended.
Do sperm and egg donors have parental rights?
No. In Indiana, donors are not considered legal parents, and their rights are typically waived through legal agreements signed before the donation occurs.
However, Indiana case law introduces some complexity. In the case of Paternity and Maternity of Infant T, the Indiana Court of Appeals ruled that the gestational carrier is considered the legal mother.
Here’s the good news: Other Indiana judges have ruled in favor of intended parents in similar cases, recognizing their legal parentage either before or after birth. Because outcomes can vary depending on your judge and county, it’s critical to work with a surrogacy attorney who understands the nuances of Indiana law.
Is there an IVF tax credit?
No. There isn't an IVF tax credit in Indiana. However, you may deduct qualified medical expenses that exceed 7.5% of your adjusted gross income on your federal return.
Begin Your Surrogacy Journey with Confidence
The surrogacy legal process in Indiana may seem complicated, but you don’t have to go through it alone. With American Surrogacy, you’ll have trusted experts by your side every step of the way.
Whether you're a hopeful parent or a surrogate, we’ll help you find a legal path forward. Why wait any longer? Let’s make your dream of parenthood a reality.