Indiana Surrogacy Law
Summary: Indiana law declares that all surrogacy contracts, regardless of the sexual orientation of the individuals involved, are against public policy and unenforceable.
Explanation: State law declares surrogacy contracts “void and unenforceable.” Specifically, the law lists several broad contractual terms that, if any is included, void a surrogacy agreement. Such forbidden terms include requiring a surrogate: to provide a gamete (a mature sexual reproductive cell) to conceive a child; to become pregnant herself; or to waive her parental rights or duties. These provisions are typically at the heart of any traditional surrogacy agreement (in which the surrogate mother is the biological contributor of the egg) or gestational surrogacy agreement (in which the surrogate mother is not the biological contributor of the egg). However, it is important to note that this law prohibits only surrogacy agreements, and not the act of surrogacy itself.
An Indiana Court of Appeals has ruled that same-sex couples may jointly petition to adopt a child, and some courts have also held that LGBT individuals can petition to adopt the child of their same-sex partner.
Citations: IND. CODE ANN. § 31-20-1-1 (2009);
In re Adoption of K.S.P., 804 N.E.2d 1253 (Ind. Ct. App. 2004);
In re Adoption of M.M.G.C., 785 N.E.2d 267 (Ind. Ct. App. 2003);
In re Infant Girl W., 845 N.E.2d 229 (Ind. Ct. App. 2006).
The legal information provided on this page is provided as a courtesy to the public. It is not designed to serve as legal advice. HRC does not warrant that this information is current or comprehensive.
Last Updated: 9/9/2009