Gestational Surrogacy is expressly prohibited under Indiana Code 31-20-1-1. The Code makes gestational and traditional surrogacy contracts void and unenforceable as against public policy. This does not mean that surrogacy itself is illegal but rather that the contracts aren’t binding nor are they recognized or enforceable. Despite the statute, gestational surrogacy is still carried out in Indiana and certain courts will grant pre-birth orders. Please consult with a local attorney to determine if you can move forward with surrogacy in Indiana.
Some courts have begun issuing Pre-Birth orders in certain and limited instances, but typically, no pre-birth parentage order may be granted unless medical documentation is provided confirming that the child is genetically related to both of the Intended Parents.
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