Surrogacy in Indiana

The surrogacy process in Indiana follows a structured approach to ensure that both intended parents and surrogates understand their roles, rights, and responsibilities under state law. While Indiana imposes restrictions on surrogacy agreements, successful arrangements are possible with the guidance of experienced legal professionals.

Step 1: Initial Consultation
Intended parents typically start with a consultation with a surrogacy agency or attorney to gain a clear understanding of the surrogacy process in Indiana.

Step 2: Matching Process
Finding the right surrogate is a crucial step. Some intended parents work with agencies, while others seek surrogates independently through personal connections or online platforms.

Step 3: Medical and Psychological Screening
Both the surrogate and the intended parents undergo thorough medical and psychological evaluations to ensure they are prepared for the journey ahead.

Step 4: Legal Contracts
Indiana does not legally enforce surrogacy contracts. Therefore, intended parents must work with experienced legal professionals to navigate the complexities and establish agreements that protect all parties involved.

Step 5: Embryo Transfer
Once all legal and medical requirements are met, the embryo transfer procedure takes place at a fertility clinic.

Step 6: Pregnancy and Prenatal Care
The surrogate carries the pregnancy while receiving ongoing medical care and emotional support from both the intended parents and healthcare providers.

Step 7: Birth and Parental Rights
Indiana law does not recognize pre-birth orders for surrogacy. As a result, intended parents must take additional legal steps after birth to establish their parental rights.

The total cost of surrogacy in Indiana varies based on several factors, including agency fees, medical expenses, legal costs, and surrogate compensation. On average, intended parents can expect to spend between $80,000 and $150,000.

Estimated Breakdown of Costs:

• Agency Fees: $20,000 – $40,000
• Medical Expenses: $15,000 – $30,000 (including IVF procedures)
• Legal Fees: $5,000 – $15,000
• Surrogate Compensation: $35,000 – $60,000
• Additional Costs: $5,000 – $15,000 (insurance, travel, psychological support, etc.)

Because of Indiana’s restrictions on surrogacy contracts, some intended parents choose to work with surrogates in states with more favorable surrogacy laws.

Due to Indiana’s legal landscape, locating a surrogate can be challenging, but intended parents have several options:

• Work with a Surrogacy Agency – Agencies have experience navigating Indiana’s surrogacy laws and can help ensure a smoother process.
• Independent Matching – Some intended parents find a surrogate through personal connections or online surrogacy communities.
• Legal Guidance is Essential – Indiana’s laws are complex, making it crucial to consult with an attorney specializing in reproductive law.
• Medical and Psychological Screening – Once a match is found, both parties must undergo extensive screenings to confirm their physical and emotional readiness.

While surrogacy in Indiana presents unique challenges, with proper legal and medical support, intended parents can successfully build their families.

Indiana has stricter surrogacy laws than many other states, making it essential for intended parents and surrogates to understand the legal landscape. Key legal issues to consider include:

Unenforceable Contracts
Indiana law does not recognize or enforce surrogacy contracts. This means that intended parents must take additional legal steps after birth to establish parental rights.

Parental Rights
Indiana courts generally require intended parents to go through an adoption process following the birth of the child to obtain full legal parental rights.

Risks in Compensated Surrogacy
Because commercial surrogacy contracts are not legally binding, compensation and other agreements must be carefully managed to avoid disputes.

Legal Guidance is Essential
Both intended parents and surrogates must work with experienced reproductive law attorneys to navigate Indiana’s surrogacy laws successfully.

Despite these legal challenges, surrogacy in Indiana remains possible with careful planning and legal preparation.

If you are considering becoming a surrogate in Indiana, it is crucial to approach the process with caution. While surrogacy is not illegal, contracts are unenforceable, meaning surrogates must rely on intended parents to honor their agreements.

Indiana Surrogate Requirements:

• Must be at least 21 years old
• Should have given birth to at least one child
• Must be in good physical and mental health
• Must pass thorough medical and psychological screenings

Challenges Facing Surrogates in Indiana:

• Lack of legal certainty since contracts cannot be enforced
• The process relies on trust rather than legal guarantees
• Intended parents must take legal action post-birth to establish parental rights

Despite these obstacles, many women in Indiana choose to become surrogates and help others build their families.

Indiana does not have specific laws governing surrogate compensation, but surrogacy agreements often include financial arrangements. While these agreements are not legally enforceable, surrogate compensation in Indiana typically ranges between $35,000 and $60,000, with additional benefits covering medical expenses, travel, and other costs.

Typical Breakdown of Surrogate Compensation:

• Base Compensation: $35,000 – $60,000
• Medical Expenses: Covered by intended parents
• Legal Fees: Paid by intended parents
• Maternity Clothing Allowance: $500 – $1,000
• Lost Wages (if applicable): Varies by employment status
• Travel and Lodging Expenses: Covered if required

Many surrogates find the experience fulfilling and financially rewarding, even with the legal complexities involved in surrogacy in Indiana.

When Indiana addressed surrogacy laws, it did so with significant restrictions. Intended parents and surrogates must have thorough discussions and work closely with experienced, trusted legal professionals to navigate the process effectively. While surrogacy contracts are not legally enforceable in the state, the right guidance and support allow many families to successfully complete their surrogacy journeys in Indiana.

If you are an intended parent or a prospective surrogate, understanding and carefully navigating Indiana’s surrogacy landscape is essential for a smooth and successful experience.