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Surrogacy Laws in Indiana

Indiana law says that surrogacy arrangements, no matter what the sexual orientation of the persons involved, are unenforceable and against public policy.


State law says that surrogacy agreements are unenforceable and void. The law outlines several big contractual terms that, if any one of them is included, void a surrogacy contract. Such prohibited terms include needing a surrogate: to provide a gamete (a sexual reproductive cell) to make a child; to get pregnant herself; or to get rid of her parental duties or rights. These are provisions that are usually at the core of any typical surrogacy arrangement (where the surrogate mother is the egg’s biological contributor) or gestational surrogacy arrangement (in which the surrogate mother isn’t the egg’s biological contributor).

It’s necessary to note that this statute forbids only surrogacy contracts, and not the surrogacy process itself.



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