Is Surrogacy Legal in Indiana?

Surrogacy Friendly States and a Shift Towards Surrogacy-Friendly Laws.

Become A Parent

Is Surrogacy Legal in Indiana?

Gestational surrogacy is permitted in Indiana, but Indiana Code states that surrogate agreements are unenforceable. Despite surrogacy contracts being illegal, gestational surrogacy still occurs and some courts will grant pre-birth orders in specific cases.

  • Married Couple Friendly
  • Non-Married Friendly

  • Single Friendly

  • Donor Egg, Sperm, or Embryo Friendly

  • Pre-Birth Order, Post-Birth Order, or Post-Adoption Order

Because surrogacy contracts are unenforceable in Indiana, intended parents and surrogates have additional legal and practical risks. Indiana surrogacy attorneys may create a “memorandum of understanding” in place of a surrogacy contract that can be taken to a judge to establish parentage orders. Intended parents that are both genetically related to the child have the best chance at obtaining pre-birth orders, but they are not guaranteed and vary based on the county and judge. For this reason, intended parents who need an egg and/or sperm donor (including same-sex couples) have extra hurdles in order to obtain parentage orders.

Although it requires additional steps and carries added risk, gestational surrogacy is still an option in Indiana. Intended parents considering surrogacy in the state should work with an attorney familiar with Indiana’s laws to ensure they received complete and accurate legal advice.

Is surrogacy legal in Georgia

How to Find a Surrogate in Indiana

If you’re looking for a surrogate in Indiana, you may have noticed that we’ve put the state on our “Less-Friendly” list. Why? Even though gestational surrogacy is practiced in Indiana, it comes with more obstacles and legal risk because surrogacy contracts are not allowed. However, that doesn’t mean that all intended parents in Indiana must look elsewhere for their surrogacy journey.

Eggceptional Fertility provides in person, phone, video conference, and email communication options to make our services more accessible. There is never a charge for a consultation with Eggceptional Fertility. We are excited to get to know you and help you on your journey!

Find a Surrogacy Agency Near You

Surrogacy requires a significant emotional, physical, and financial investment. Naturally, you want a quality and caring agency with you as you navigate this life-changing experience. A great surrogacy agency will:

  • Have Experience: Every surrogacy journey is unique and has its own special considerations. Your surrogacy agency needs the experience and knowledge to respond quickly and effectively to unexpected situations. An experienced surrogacy agency can answer your questions and leave you feeling confident and secure in their abilities.
  • Communicate Clearly and Openly: Surrogacy is a complex process. Your agency will handle the details, but you should fully understand the process, payment details, and expectations along the way. Quality surrogacy agencies clearly present the financial aspects, including agency fees, with no hidden costs or vague promises.
  • Treat You with Compassion: The path to parenthood through surrogacy involves an incredible mix of emotions – excitement, anxiety, joy, frustration, anticipation – sometimes all at the same time! The best surrogacy agencies understand that even if they’ve helped hundreds of couples through the process, you are experiencing it for the first time. You deserve individualized support, care, and should never feel like just another patient.

If you keep these key factors of experience, transparency, and compassion in mind, you can find an excellent surrogacy agency near you.

Who Can Use a Surrogate?

Surrogacy allows people who cannot carry or deliver a baby on their own to become parents, often while still sharing a biological connection with their child. In surrogacy, a gestational carrier (or “surrogate”) receives an embryo developed from the intended parents and/or an egg or sperm donor. The surrogate then carries the pregnancy and then delivers a baby. The surrogate doesn’t have any parental rights to the baby. In fact, surrogates generously offer to bring someone else’s baby into the world simply because they want to help people become parents.

An Indiana couple or individual might choose to find a surrogate for any of several reasons, including:

  • They have healthy eggs but can’t safely become pregnant.
  • They had a prior hysterectomy.
  • Need to use donor eggs and/or sperm on their path to parenthood.

How Much Does Surrogacy Cost?

The exact amount depends on several factors, but surrogacy costs tend to include:

  • Medical & Mental Health Screenings
  • Surrogate Medical Care (including prenatal, delivery, and postpartum)
  • Surrogate Medical Insurance
  • IVF & Embryo Transfer
  • Agency Fees
  • Legal Fees

Typically, intended parents pay for all related surrogacy expenses. Your surrogacy agency should provide a clear estimate of costs for your specific surrogacy journey. This should include both the agency’s fees and a typical breakdown of overall expenses and costs. Eggceptional Fertility has a mission to provide clear and transparent information on fees and expenses. For a more detailed look at our current surrogacy fees, click here.

In Indiana, the surrogacy process carries a few additional legal steps. That’s why it’s critical to work with surrogacy professionals with local experience.

How to Get Started Finding a Surrogate in Indiana

The surrogacy process begins with finding an experienced surrogate agency and discussing your family-building goals with them. From there, your agency will guide you through the matching process of selecting a surrogate and creating a memorandum of understanding. Once these arrangements are complete, your fertility clinic will start the IVF and embryo transfer process. Next comes pregnancy, delivery, and bringing home your new baby!

Of course, there are many more steps and details throughout the surrogacy process. We will help you navigate the entire process with confidence and care. To start your surrogacy journey, schedule an initial consultation. At this appointment, we’ll get to know you and your family goals, and you’ll get to know us and ask any and all questions you have. The path to parenthood is only a click away – schedule your initial consultation today.