Legislative Milestone in Indiana’s Surrogacy Landscape:
Gestational surrogacy is permitted in South Dakota, because no statute or case law prohibits it.
Surrogacy Contracts
Indiana's stance against enforcing surrogacy contracts includes prohibitions against agreements that would require a surrogate to undertake specific actions like undergoing medical treatments or waiving parental rights. As a result, surrogacy agreements must be carefully structured to comply with state policies.
Parental Rights
Despite the general prohibition against surrogacy contracts, some judges in Indiana may grant parentage declarations pre-birth, depending on the surrogacy situation and the Intended Parents' characteristics. However, a 2013 ruling has limited the ability of courts to issue parentage orders in cases where one Intended Parent lacks a genetic connection to the child. To obtain a pre-birth order, it must be medically documented that the embryos transferred were 100% genetically related to both Intended Parents.
Legal Rights of Surrogates:
While the enforceability of surrogacy contracts is restricted, compensated surrogacy is not explicitly illegal in Indiana, provided the terms of such contracts are not enforceable in court.
Who Can Benefit from Surrogacy in IN?
Heterosexual married couples, both genetically related to a child
Surrogacy Environment in Indiana:
In Indiana, surrogacy laws create a complex environment for Intended Parents and Surrogates, marked by specific restrictions on surrogacy contracts but not outright prohibiting the surrogacy process.
Advantages of Surrogacy in IN
Given the legal risks associated with surrogacy contracts in Indiana, Intended Parents and Surrogates must consult with experienced surrogacy attorneys.
