The Cove state guide
Contract restrictionsIndiana makes the surrogate agreements described in its statute void. That contract restriction is separate from the question of how intended parents may establish legal parentage.
See the rules for your familyYour family. Your legal pathway.
Start with your situation, then read the conditions. A route can depend on marriage, a genetic connection, residence, and how the court establishes each parent’s rights. More than one row may apply to your family.
Single intended parents are represented in Indiana surrogacy practice, despite the statute making surrogacy agreements void. A parentage order is a separate matter. A genetic connection supplies a stronger established basis; if you use wholly donated embryos, have counsel confirm the court route and any adoption requirement before transfer.
Sources 134Indiana practitioners report parentage proceedings for unmarried intended parents. The contract remains unenforceable under the surrogacy statute, regardless of relationship status. Counsel should identify the legal basis for each partner, particularly a non-genetic parent, and explain whether a parentage order or an adoption will be needed.
Sources 134Indiana lawyers report successful parentage orders in same-sex surrogacy and donor-gamete cases. That practice is distinct from enforcing the surrogacy contract, which the statute makes void. Ask counsel to confirm a route for both fathers, especially the non-genetic father, in the court handling your case.
Sources 31Lesbian intended parents may establish parentage through Indiana court practice, including arrangements using donor sperm or eggs. Marriage alone does not resolve the separate carrier’s parentage, and the agreement itself is unenforceable. The filing should address each intended mother and the carrier’s and spouse’s presumptive status.
Sources 314Indiana practitioners report representing international intended parents, but the void-contract rule still applies to their arrangement. Confirm jurisdiction and each parent’s legal route before treatment. Parentage and a birth certificate are separate from the child’s nationality, passport eligibility, immigration position, and recognition in the parents’ home country.
Sources 413How to read these answers: “Recognized route” means the cited law or legal practice provides a pathway for that family situation. “Conditions apply” flags an additional eligibility or parentage issue. “Case-specific” means the answer depends on the facts or court practice. “Significant restriction” points to a legal obstacle explained in the answer.
These categories describe legal pathways, not a clinic’s medical criteria or a guaranteed outcome. For transgender or nonbinary parents, counsel should also examine any sex-specific wording and how the planned use of eggs, sperm, or embryos affects the route.
The state restricts surrogacy contracts or recognizes only a particularly narrow arrangement. Read the details with an attorney.
This guide covers gestational surrogacy, where the surrogate does not provide the egg. Traditional surrogacy follows different rules. A state’s category does not determine whether your particular arrangement qualifies.
The statute’s contract restriction applies regardless of whether intended parents are married. Practitioners report parentage orders for different family structures. Discuss marriage in relation to each parent’s evidence and any adoption route, rather than treating it as a way to make the surrogacy agreement enforceable.
Indiana parentage practice has a basis in genetic evidence, including proof that the carrier and any spouse are not the genetic parents. Attorneys also report donor-gamete and same-sex orders. A non-genetic intended parent needs an expressly confirmed legal basis for recognition.
The reviewed Indiana materials do not establish a universal surrogacy-specific residency period. An Indiana attorney must confirm that the proposed court can act for the actual carrier, intended parents, and planned birth. Foreign or out-of-state residence does not cure the contract’s unenforceability.
Indiana Code §31-20-1 restricts enforcement of terms requiring pregnancy, medical treatment, or relinquishment of parental rights. A signed agreement cannot be treated as the same protection available in a state with an enforceable statutory framework.
A pre-birth order can address legal parentage and hospital decisions separately from the void agreement. Practitioners describe the carrier and spouse as presumed parents without an order. Ask counsel to confirm the required evidence, requested findings, and any further adoption or birth-record work.
Have an Indiana attorney review any proposed payments and what obligations could actually be enforced. Do not rely on the agreement alone to protect reimbursement or compensation.
A state’s parentage process and your home country’s recognition of that parentage are separate questions. Before matching, have counsel in both countries confirm the legal route, the child’s citizenship and passport requirements, and the documents needed to return home.
Plan who will obtain certified court orders and birth certificates, whether translations or authentication are needed, and how much time to allow after birth. A favorable state-law answer does not settle immigration or travel requirements.
International parentage recognition: HCCH (opens in a new tab)Learn how Cove helps intended parents explore their options and keep the journey organized.
Explore Cove for parentsSources checked October 13, 2026. Check the source’s effective date as well as its publication date.
General information, not legal advice. Laws and court practices can change. A reproductive-law attorney should confirm the rules for your circumstances before you sign an agreement or begin treatment.
