Significant statutory restrictions

Surrogacy laws in Indiana

Indiana has explicit statutory public-policy restrictions affecting surrogate agreements and does not provide a comprehensive modern gestational-surrogacy code.

What Indiana law says about surrogate agreements

Indiana Code chapter 31-20-1 states that certain surrogate-agreement terms are against public policy and unenforceable, including terms that would require a surrogate to become pregnant, undergo an abortion, submit to medical or psychological treatment, follow another person's demands about substances or activities, or waive parental rights in specified ways.

Parentage procedure

Indiana does not offer a single statutory gestational-surrogacy pathway comparable to states with a comprehensive surrogacy act. The appropriate parentage procedure should be confirmed for the specific case with Indiana reproductive counsel.

Agreement and medical autonomy

A contract should be reviewed carefully for enforceability, compensation and expenses, insurance, medical autonomy, legal costs and dispute procedures. Do not assume that a parentage order or birth-record outcome is guaranteed merely because an agreement exists.

What this means for a surrogate

Before signing an agreement or beginning treatment, use independent Indiana reproductive counsel to review the statute, the proposed agreement and the expected parentage process.

Understand the restrictions before you sign.

Use state-specific counsel for the agreement and parentage plan.

Read legal considerations