LGBT Surrogacy Laws in Indiana

Indiana presents a complex legal landscape for LGBT families pursuing surrogacy, where gay surrogacy laws exist in a legal gray area that requires careful navigation.

While Indiana Code 31-20-1-1 declares surrogacy contracts “void and unenforceable,” the practice continues with courts regularly granting parentage orders to intended parents. 

Contact us today to explore how experienced professionals can help navigate Indiana’s complex but workable system for LGBT family building. 

This guide examines Indiana’s distinctive legal framework, from contract enforceability challenges to successful strategies for establishing LGBT parental rights. 

Indiana LGBT Surrogacy Laws: The Contract Paradox and What It Means for Pre-Birth Orders 

Indiana operates under a legal paradox where surrogacy contracts are statutorily void yet surrogacy flourishes with court support. This creates a unique environment for LGBT intended parents that requires understanding both the limitations and opportunities within Indiana’s system. 

Under Indiana Code 31-20-1-1, all surrogacy agreements formed after March 14, 1988, are declared “void and unenforceable” as against public policy. This means traditional contract remedies don’t apply if disputes arise, yet fertility clinics still require agreements before proceeding with medical treatment. 

For LGBT families, this presents specific challenges. Indiana courts have historically been more restrictive about pre-birth orders for same-sex couples compared to heterosexual couples. The critical 2016 case “In the Matter of the Paternity and Maternity of Infant T” limited pre-birth orders when one intended parent isn’t genetically related to the child, disproportionately affecting LGBT couples using donor gametes. 

Current pre-birth order availability for LGBT couples: 

Pre-birth orders remain difficult to obtain for same-sex couples, with most courts requiring both intended parents to be genetically related to the child through medical documentation. This effectively excludes most LGBT couples who need donor eggs or sperm for biological reproduction. 

However, some courts have shown flexibility when gestational carrier agreements are created under the laws of surrogacy-friendly states that specifically protect intended parents’ rights. This approach allows Indiana courts to recognize out-of-state legal frameworks even while Indiana contracts remain unenforceable. 

The practical result is that LGBT couples often need post-birth legal procedures, including adoptions or stepparent processes, to secure parental rights. Working with LGBT-experienced surrogacy agencies becomes essential for navigating these complex requirements. 

Can Non-Genetic LGBT Parents Gain Recognition in Indiana’s System? 

Indiana’s approach to non-genetic parents in LGBT couples has evolved significantly, particularly following the 2020 court decision that allows same-sex parents to be listed regardless of genetic connection. However, the path to recognition often involves post-birth procedures rather than automatic recognition. 

The Henderson v. Adams case established that same-sex couples can appear as “Parent” and “Co-Parent” on birth certificates rather than being forced into “Mother” and “Father” designations that don’t reflect LGBT family structures. This represents important progress for family recognition. 

For the non-genetic parent in a gay couple, the typical path involves stepparent or second-parent adoption procedures. Indiana courts have historically granted these adoptions for LGBT families, though the process requires additional time, legal fees, and court proceedings beyond initial parentage establishment. 

The two-step process typically works as follows: 

First, the genetically connected parent establishes their parental rights through available parentage procedures. Then, their partner pursues adoption to gain equal legal standing. This approach provides security but requires patience and additional legal investment. 

Recent developments suggest courts may be more willing to recognize both LGBT parents simultaneously in certain circumstances, particularly when comprehensive legal groundwork has been established. The key lies in working with attorneys who understand both Indiana’s statutory limitations and evolving judicial attitudes toward LGBT families. 

Some LGBT couples find success by structuring their legal approach around out-of-state frameworks that Indiana courts may honor, though this strategy requires careful coordination with experienced reproductive law attorneys. 

Do Unmarried LGBT Couples Face Additional Restrictions in Indiana? 

Indiana’s void contract statute applies equally to married and unmarried couples, meaning marriage status doesn’t change the fundamental legal challenges LGBT families face with surrogacy agreements. However, unmarried couples may encounter additional complexity in the parentage establishment process. 

For unmarried LGBT couples, both partners can potentially establish parental rights, but the process often involves more extensive legal procedures. Indiana courts have shown willingness to grant parentage orders to unmarried heterosexual couples when both are genetically related, and this principle can extend to LGBT families in appropriate circumstances. 

The practical considerations for unmarried LGBT couples include ensuring proper legal representation for both partners throughout the process, clear documentation of intended parentage from the beginning, coordination between separate adoption proceedings if needed, and comprehensive estate planning to protect family interests. 

Marriage can sometimes simplify certain legal procedures, particularly for stepparent adoption processes, but it’s not a prerequisite for establishing parental rights. Some unmarried couples choose to marry during their surrogacy journey for legal simplification, while others successfully navigate the process while maintaining their relationship structure. 

Working with attorneys experienced in Indiana LGBT family law ensures unmarried couples understand their specific legal pathway and take appropriate steps to protect both partners’ parental rights throughout the surrogacy process. 

How Single LGBT Parents Navigate Indiana’s Legal Framework 

Single LGBT intended parents face unique considerations under Indiana’s gay surrogacy laws, as the state’s emphasis on genetic connection can actually simplify some aspects of the legal process while complicating others. 

Single intended parents using their own gametes with donor genetic material may find certain advantages in Indiana’s system. Courts have shown more willingness to grant parentage orders to single individuals compared to couples where neither partner has genetic connection, particularly when proper legal groundwork has been established. 

The process typically involves demonstrating the genetic relationship through medical documentation, working with experienced reproductive law attorneys familiar with single parent procedures, understanding any additional court requirements specific to single parent cases, and planning for comprehensive estate planning to protect the child’s interests. 

Single LGBT parents often find Indiana’s approach less complex than the two-parent legal procedures, though they still must navigate the contract unenforceability issues that affect all surrogacy arrangements in the state. 

Learn more about LGBT parental rights and how single parents can protect their interests throughout Indiana surrogacy arrangements. 

The key for single parents lies in working with legal counsel who understands both Indiana’s specific requirements and the evolving landscape of LGBT family recognition in the state. 

Indiana Birth Certificate Process: How LGBT Parents Are Listed 

Indiana has made significant strides in LGBT birth certificate recognition, particularly following the Henderson v. Adams decision that established same-sex couples’ right to appropriate listing on their children’s birth certificates. 

LGBT couples who successfully establish parental rights are listed as “Parent” and “Co-Parent” rather than being forced into “Mother” and “Father” designations that may not reflect their family structure. This recognition represents important progress in acknowledging diverse family formations. 

The birth certificate timeline varies depending on the legal pathway used. When parentage orders are granted, most families receive birth certificates within 60 days, though processing times can vary by county. Expedited processing may be available for families with urgent travel or legal needs. 

For LGBT families requiring adoption procedures for the non-genetic parent, birth certificate amendments follow after adoption completion. This process adds time but ensures both parents receive equal recognition on the child’s legal documentation. 

Indiana’s improved LGBT recognition represents significant progress from historical approaches that failed to acknowledge same-sex parents appropriately. The state’s commitment to accurate family representation on vital records benefits LGBT children by ensuring their family structure receives official recognition. 

Is Second Parent Adoption Required After Indiana Surrogacy? 

For many LGBT couples in Indiana, second parent adoption becomes necessary due to the state’s restrictions on pre-birth orders for same-sex couples. While this adds complexity, Indiana courts have consistently supported these adoptions for LGBT families. 

Second parent adoption is typically required when the non-genetic parent in an LGBT couple needs legal recognition, pre-birth orders aren’t available for the specific family configuration, or additional legal security is desired beyond initial parentage establishment. 

Indiana courts have historically approved second parent adoptions for LGBT families, treating them similarly to stepparent adoptions. This provides a reliable pathway for establishing legal parentage, though it requires additional time and expense beyond initial surrogacy legal costs. 

The adoption process typically involves filing petitions after birth and parentage establishment, demonstrating the best interests of the child, completing required court procedures and documentation, and finalizing legal recognition for both parents. 

Benefits of completing second parent adoption include full legal recognition that transfers across state lines, protection for both parents’ rights in custody and medical decisions, inheritance and estate planning security, and insurance and benefit coverage for the entire family. 

While the additional procedures create complexity, they provide comprehensive legal protection that many LGBT families find worthwhile for the long-term security they provide. 

How Indiana Surrogacy Contracts Protect LGBT Families Despite Being Void 

Even though Indiana surrogacy contracts are legally unenforceable, they serve crucial practical purposes for LGBT families by establishing expectations, demonstrating intent to courts, and providing frameworks for successful surrogacy relationships. 

Indiana fertility clinics require comprehensive agreements before beginning medical procedures, regardless of the contracts’ legal enforceability. These agreements serve as evidence of the parties’ intentions and can influence court decisions about parentage establishment. 

Essential elements for LGBT families include: 

Clear statements of intended parentage for both partners, anti-discrimination clauses protecting against bias based on sexual orientation, detailed medical decision-making protocols throughout pregnancy, financial arrangements and expense allocation, communication expectations and privacy protections, and contingency planning for various scenarios that may arise. 

While contracts can’t be enforced through traditional contract law, they provide valuable evidence to courts about the parties’ intentions and arrangements. This documentation can support parentage petitions and demonstrate the comprehensive planning that went into the surrogacy arrangement. 

Many attorneys recommend creating contracts that comply with surrogacy-friendly state laws, as Indiana courts have sometimes honored such agreements even when Indiana-specific contracts would be void. This strategy requires careful legal coordination but can provide additional protection. 

The key lies in understanding that while contracts don’t provide legal remedies for breaches, they establish critical frameworks that support successful surrogacy relationships and favorable court decisions for LGBT families. 

Why LGBT Couples Should Work With Specialized Agencies in Indiana 

Given Indiana’s complex legal environment for LGBT surrogacy, working with experienced agencies becomes essential for navigating the state’s unique challenges and maximizing opportunities for successful family building. 

Specialized agencies provide crucial services including understanding of Indiana’s specific legal limitations and opportunities, connections with attorneys experienced in LGBT Indiana surrogacy cases, access to surrogates who support LGBT family building, and coordination with medical providers familiar with diverse families. 

Indiana-specific advantages of agency support: 

Agencies understand which legal strategies work best given Indiana’s statutory limitations, can coordinate between multiple states if beneficial for legal protection, maintain relationships with courts and legal professionals throughout Indiana, and provide experience with the post-birth procedures often required for LGBT families. 

Many agencies help LGBT families explore multi-state strategies where beneficial, such as using legal frameworks from surrogacy-friendly states that Indiana courts may honor. This approach requires sophisticated coordination but can provide additional protection. 

Working with LGBT-specialized agencies ensures you receive guidance specific to same-sex couples rather than generic surrogacy advice that may not address your unique legal situation. 

The investment in professional agency support often proves worthwhile given Indiana’s complexity, providing expertise that helps LGBT families achieve successful outcomes despite the state’s challenging legal framework. 

Finding LGBT-Friendly Attorneys in Indiana 

Indiana’s complex surrogacy environment requires legal counsel with specific expertise in both the state’s unique statutory framework and LGBT family formation. Several experienced attorneys specialize in helping LGBT families navigate Indiana’s challenging but workable system. 

Recommended Indiana LGBT Surrogacy Attorneys 

Kirsh & Kirsh PC 
Attorney: Joel Kirsh 
Location: Indianapolis 
Experience: Over 35 years of adoption and assisted reproduction law experience. Long-standing member of the American Academy of Adoption & Assisted Reproduction Attorneys (AAAA) with specific focus on LGBTQ+ family formation and gestational carrier arrangements. 
LGBT Focus: Extensive experience helping LGBT families navigate Indiana’s complex legal environment for surrogacy. 
Contact: Kirsh & Kirsh PC 

Sapp Law Office 
Attorney: Amanda D. Sapp, RN, MSN, Esq. 
Location: Indianapolis 
Specialization: Focuses exclusively on assisted reproduction law including surrogacy, egg donation, sperm donation, and embryo donation. Provides legal representation to heterosexual, single, and LGBT clients. 
Unique Background: Registered nurse background provides medical understanding that enhances legal practice. 
Contact: Sapp Law Office 

Herrin & Leach 
Attorney: Nathan Leach 
Location: Indianapolis 
Credentials: Academy of Adoption & Assisted Reproduction Attorneys member since 2011 
Specialization: Egg, sperm, and embryo donation, surrogacy, and LGBTQ+ legal support 
Contact: Herrin & Leach 

What to Look for in Indiana LGBT Surrogacy Attorneys 

Essential qualifications for Indiana LGBT attorneys: 

Experience with Indiana’s void contract environment and how to work within its limitations, understanding of evolving LGBT parentage recognition in Indiana courts, knowledge of multi-state legal strategies when beneficial, and success with second parent adoptions for LGBT families. 

Key questions to ask potential attorneys: 

How do you handle Indiana’s void surrogacy contract statute? What’s your experience with LGBT second parent adoptions in Indiana? How do you coordinate with out-of-state legal frameworks when helpful? What contingency planning do you recommend for contract unenforceability? 

Choose attorneys who understand both Indiana’s specific challenges and the evolving landscape of LGBT family recognition, ensuring your legal team can navigate the state’s complexities while protecting your family’s interests. 

Starting Your LGBT Surrogacy Journey in Indiana 

Indiana’s unique legal landscape requires careful planning and experienced guidance, but LGBT families can successfully build families through surrogacy in the state. Understanding the limitations while leveraging available opportunities creates pathways to parenthood despite statutory challenges. 

Realistic Expectations for Indiana LGBT Surrogacy 

Indiana requires more complex legal procedures for LGBT families compared to surrogacy-friendly states, but the courts have shown increasing support for LGBT parental rights. The key lies in proper preparation, experienced legal counsel, and understanding that the process may involve additional steps beyond initial surrogacy arrangements. 

Recent court decisions suggest growing recognition for LGBT families, with the 2020 ruling allowing same-sex parents to be listed regardless of genetic connection representing significant progress. While challenges remain, the trajectory suggests continued improvement for LGBT family recognition. 

Your Strategic Approach 

1. Understand Indiana’s limitations and opportunities 
Review how void contracts affect your situation while exploring available legal pathways. Consider whether multi-state strategies might provide additional protection. 

2. Connect with Indiana-experienced professionals 
Work with specialists who understand both Indiana’s statutory limitations and successful strategies for LGBT family building within the state’s framework. 

3. Plan for complex legal procedures 
Budget additional time and resources for potential second parent adoptions or extended legal procedures. Understand that Indiana’s approach requires patience but can achieve successful outcomes. 

4. Consider interstate coordination 
Explore whether legal frameworks from surrogacy-friendly states might provide additional protection that Indiana courts would honor. 

Why Some LGBT Families Choose Indiana 

Despite statutory challenges, Indiana offers certain advantages including experienced attorneys specializing in complex LGBT cases, courts with increasing support for LGBT families, lower overall costs compared to some surrogacy-friendly states, and geographic accessibility for families throughout the Midwest. 

Indiana’s evolving legal landscape suggests continued improvement for LGBT families, with recent court decisions indicating greater recognition and support for diverse family structures. 

Begin your journey with professionals who understand Indiana’s complex but navigable system and can guide you toward successful LGBT family building despite the state’s unique challenges.