Indiana statute declares surrogate agreements described in chapter 31-20-1 void and against public policy. Surrogacy itself is not described as a crime in that chapter, but the agreement cannot be relied on for enforceable promises or automatic parentage.
State law makes some surrogacy agreements void, prohibited, or available only through a narrow pathway that requires specialized review.
Indiana Code § 31-20-1-2 makes covered surrogate agreements void, including terms governing conception, pregnancy, medical treatment, custody, parental rights, or adoption. Compensation terms therefore lack a statutory enforceability pathway.
Because the agreement is void, Indiana does not provide a statutory carrier checklist that makes it enforceable. The person who gives birth and any spouse can be implicated by ordinary maternity and marital presumptions.
In re Infant T. confirms that a biological intended father may establish paternity but rejected a standalone action simply to disestablish the gestational carrier's maternity on those facts. Pre-birth orders are reported in some trial courts, but the non-genetic intended parent's route may require post-birth adoption or other relief and should not be assumed.
Do not promise that Indiana courts will enforce compensation, conduct, custody, or parentage terms in a surrogate agreement.
Identify each gamete source and the carrier's marital status so counsel can address paternity, maternity, and competing presumptions.
Any reported pre-birth-order practice is not a statewide statutory right and can vary by judge and facts.
Sequence matters. Use these steps to prepare for a conversation with qualified assisted-reproduction professionals.
Before any agreement or payment, obtain Indiana counsel's analysis of §§ 31-20-1-1 and -2, ordinary parentage presumptions, the planned genetics, local court practice, and any adoption route needed after birth.
Because the agreement is void, Indiana does not provide a statutory carrier checklist that makes it enforceable. The person who gives birth and any spouse can be implicated by ordinary maternity and marital presumptions.
Complete medical, psychological, insurance, compensation or expense, and independent legal review before medication or embryo transfer. Indiana Code § 31-20-1-2 makes covered surrogate agreements void, including terms governing conception, pregnancy, medical treatment, custody, parental rights, or adoption. Compensation terms therefore lack a statutory enforceability pathway.
In re Infant T. confirms that a biological intended father may establish paternity but rejected a standalone action simply to disestablish the gestational carrier's maternity on those facts. Pre-birth orders are reported in some trial courts, but the non-genetic intended parent's route may require post-birth adoption or other relief and should not be assumed.
Review the linked statutes, court materials, public guidance, and clearly identified practice sources as a starting point for current legal review.
Laws, court practices, and local filing procedures can change. This page provides general educational information, not legal advice. Consult independent assisted-reproduction counsel licensed in the relevant state before relying on it.
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