Surrogacy Contracts in Indiana: What’s Included and Why it Matters

Your surrogacy contract acts as a critical memorandum of understanding. It documents the intent of all parties—proving that you are carrying the child for the intended parents and ensuring your financial compensation is held securely in escrow.

Although Indiana’s legal framework is restrictive, thousands of successful surrogacy journeys happen here every year by relying on carefully drafted agreements and established legal strategies.

If you want to verify your process is legally compliant, contact a surrogacy specialist to learn more about our agency protocols.

What Should Be Included in a Surrogacy Contract?

Your surrogacy contract defines the relationship and expectations between you and the intended parents. In Indiana, this document is typically drafted and signed after medical screening but before the embryo transfer.

The contract generally covers several key areas:

• Intent and Parentage: This section explicitly states that you intend to carry the child for the intended parents and that you do not intend to be the legal parent. This evidence of intent is crucial for courts when establishing parentage later.
• Financial Terms: Your contract provides a detailed breakdown of compensation, including base pay, monthly expense allowances, and specific reimbursements for maternity needs. It also establishes strict escrow account requirements to ensure money is available when needed.
• Medical Expectations: This section outlines the medical protocols you agree to follow, including IVF medications and prenatal care schedules.
• Liability and Risk: The agreement clarifies that you are not financially liable for the costs of the pregnancy or medical complications. It shifts the financial risk of medical bills entirely to the intended parents.
• Conduct and Lifestyle: To support a healthy pregnancy, the contract sets boundaries regarding travel, diet, and high-risk activities.

Are Surrogacy Contracts Enforceable in Indiana?

This is a critical distinction in Indiana law. Under Indiana Code § 31-20-1-1, surrogacy agreements are declared “void” and unenforceable as against public policy.

You can read the official statute directly on the Indiana General Assembly website.

Because the statute declares these contracts void, a court in Indiana generally will not enforce the terms of the contract if a dispute arises. For example, a judge cannot legally force a surrogate to follow a specific medical protocol or force intended parents to pay a specific fee based solely on the contract.

However, this does not mean surrogacy is illegal. It simply means the process relies heavily on the good faith of the parties and the security of an escrow account. Intended parents and surrogates continue to work together successfully by using these contracts to prove their intent to the court, which is often sufficient to obtain a pre-birth or post-birth parentage order in many counties.

You can read more about the specifics of Indiana surrogacy laws to understand how this statute affects your journey.

What Happens If a Surrogacy Contract Is Breached?

Because the courts may not enforce the contract, a breach in Indiana is handled differently than in other states.

If a breach occurs, the primary remedy is financial, but it is controlled by the escrow agent rather than a judge. For example, if a surrogate fails to follow the agreed-upon restrictions, the intended parents may stop future payments, but they likely cannot sue for damages. Conversely, if intended parents fail to pay, the surrogate cannot easily sue for breach of contract.

This legal reality makes the role of a licensed, third-party escrow service—and a reputable agency—absolutely vital. The escrow agent follows the strict disbursement schedule agreed upon at the start, protecting you from non-payment even if the contract itself is technically unenforceable.

Understanding Surrogate Compensation in Indiana

Indiana does not cap surrogate compensation, but because the contract is void, the security of your payments depends entirely on how they are structured.

Your payments are generally divided into three distinct categories:

• Base Compensation: This is your primary fee for the service of surrogacy. It is typically paid in monthly installments starting after the confirmation of a fetal heartbeat.
• Allowances and Start Fees: You will receive payments to cover the incidental costs of pregnancy. This includes a medication start fee when you begin injections and a transfer fee for the embryo transfer procedure.
• Event-Based Payments: The contract will outline one-time payments for specific milestones, such as a maternity clothing allowance or fees for invasive procedures.

To protect yourself, you must ensure that 100% of the funds are deposited into a licensed and bonded escrow account before any medical treatment begins. Never rely on promises of direct payment from intended parents in Indiana.

Medical Rights in a Surrogacy Contract

Your rights to bodily autonomy are protected by both the Constitution and the fact that Indiana courts will not enforce a contract requiring you to undergo medical procedures.

Key medical provisions typically include:

• Provider Selection: The agreement will confirm your right to choose your obstetrical care provider.
• Treatment Compliance: You agree to follow the medical advice and protocols prescribed by the fertility clinic and your OB-GYN.
• Information Sharing: You will sign HIPAA releases that allow the intended parents to speak with your medical providers and view medical records.

Pregnancy Termination & Reduction Clauses

Indiana has some of the strictest abortion laws in the country. Your surrogacy contract must reflect the reality of local laws, which ban most abortions with very narrow exceptions for the life or health of the mother and cases of rape or incest within specific timeframes.

• Legal Compliance: Your contract cannot require you to do anything illegal. Therefore, termination clauses are largely limited by state law.
• No Forced Procedures: Even if a termination is legal under an exception, Indiana law explicitly states that a contract requiring a surrogate to undergo an abortion is unenforceable. The decision remains yours.

Because this area of law is restrictive, it is essential to match with intended parents who share your views and understand the legal limitations of the state.

Lifestyle and Travel Restrictions

To protect the health of the baby, your contract will place reasonable limitations on your lifestyle.

Common lifestyle clauses include:

• Dietary and Substance Limitations: You will agree to avoid high-risk foods and completely abstain from alcohol, nicotine, and illegal drugs.
• Travel Restrictions: You may be restricted from traveling outside the state during the late stages of pregnancy, typically after 24–28 weeks. This is especially important in Indiana to ensure you do not accidentally give birth in a neighboring state with different parentage laws.

What the Contract Says About Labor and Delivery

The birth plan is a central part of your contract. This section serves as a script for the hospital experience, reducing stress for you and the intended parents.

The contract specifies the hospital where you intend to deliver and states that the intended parents are permitted to be in the delivery room, provided hospital policy allows it. It also confirms that the intended parents have the authority to make all medical decisions for the baby immediately after birth. If you agree to provide breast milk, the contract sets a weekly compensation rate for this service and requires the intended parents to cover supplies and shipping.

Insurance Requirements in an Indiana Surrogacy Contract

Your financial security is a top priority. Your contract will require a thorough review of your health insurance policy to determine if it can be used for a surrogacy pregnancy.

If your policy excludes surrogacy, the intended parents are contractually obligated to purchase a separate surrogate-friendly insurance policy for you. The contract will also require the intended parents to purchase a life insurance policy for you. This policy typically carries a benefit of $250,000 or more to protect your family’s financial future.

How Surrogacy Contracts Differ: Agency vs. Independent

Choosing between an agency-assisted journey and an independent surrogacy journey is a critical decision, especially in Indiana.

In an independent journey, you are operating with a “void” contract and no professional safety net. If the intended parents stop communicating or fail to fund the escrow account, you have very little legal recourse.

Working with an agency provides comprehensive support:

• Screening: We protect you by pre-screening intended parents to ensure they are financially capable and trustworthy before you match.
• Legal Coordination: We manage the legal clearance process, connecting you with experienced Indiana attorneys who know how to navigate the “void contract” landscape.
• Conflict Resolution: If a disagreement arises, your agency specialist acts as a mediator to resolve the issue professionally.

Next Steps for Your Indiana Surrogacy Journey

Your surrogacy contract protects your finances and respects your body. While the legal landscape in Indiana is unique, the right preparation ensures you and the intended parents are united in your goals.

We handle the details so you can focus on a healthy pregnancy. If you are ready to begin a journey in Indiana where your rights are protected, contact us online to speak with a specialist today.