Indiana statutorily prohibits surrogacy contracts and holds them void and unenforceable. Nonetheless, gestational surrogacy continues and, as mentioned above, some courts will grant pre-birth orders. 

Since there is not a specific set of guidelines for when an Indiana judge may uphold the validity of a surrogacy arrangement, parties should articulate their intentions, desires, roles, and responsibilities as clearly and specifically as possible to provide the proper framework for dispute resolution should an issue arise.  Both intended parents and their surrogate must be represented by separate surrogate attorneys to ensure both parties’ rights and interests are protected.  These attorneys will negotiate a contract that addresses at least the following: 

• The rights and responsibilities of each party
• Any potential risks and liabilities and the steps to take should they occur
• Surrogate compensation and other financial information, like surrogacy insurance 
• Agreements on sensitive issues like selective reduction and termination
• Contact expectations
• And more

Only after this contract is finalized will fertility clinics and medical professionals begin the medical process of surrogacy. 

Pre-birth (and post-birth) orders are not typically permitted in Indiana. However, some courts are willing to grant pre-birth orders under select circumstances.  Typically, pre-birth parentage orders will only be granted if medical documentation is provided confirming that the child is 100% genetically related to both intended parents (meaning that no egg or sperm donor was used).   Currently, only heterosexual couples have been granted a parentage order in Indiana. As a result, same-sex couples should exercise caution before proceeding with a surrogacy arrangement in this state.