Yes, surrogacy is legal in Indiana, but it operates under a patchwork of statutes and court precedents rather than a unified framework. The Indiana Supreme Court’s 2023 ruling in In re Paternity of B.R. clarified gestational surrogacy contracts’ enforceability, while traditional surrogacy remains unsettled. The Indiana Department of Health’s 2024 Vital Records Manual mandates pre-birth orders for gestational surrogacy, aligning with the state’s push for uniformity. However, no statutory protections exist for intended parents in traditional surrogacy, leaving gaps exploited by inconsistent county clerk interpretations.
Key Regulations for Surrogacy in Indiana
- Gestational surrogacy contracts are enforceable under In re Paternity of B.R. (2023), but must comply with Indiana’s Uniform Parentage Act (I.C. 31-25-1 et seq.) and the 2024 Vital Records Manual’s pre-birth order requirements. Intended parents must file a petition in the county of the child’s birth, with courts prioritizing the genetic connection over the surrogate’s gestational role.
- Compensation limits cap surrogate compensation at $25,000 annually under Indiana’s 2025 Medicaid Waiver amendments, excluding “reasonable expenses” like medical costs or lost wages. Violations trigger Medicaid fraud investigations via the Indiana Family and Social Services Administration (FSSA).
- Pre-birth orders are mandatory for gestational surrogacy, as per the 2024 Vital Records Manual, but traditional surrogacy lacks statutory guidance. Courts in Marion, Lake, and Hamilton Counties diverge on parental rights petitions, with some requiring post-birth adoptions despite genetic ties. The Indiana State Bar Association’s 2026 ethics opinion discourages traditional surrogacy due to unresolved parentage disputes.