Indiana presents a complex but navigable landscape for LGBT intended parents pursuing surrogacy. While the state's laws don't explicitly prohibit surrogacy, Indiana Code 31-20-1-1 declares surrogacy contracts void and unenforceable as against public policy.
Despite this legal quirk, gestational surrogacy continues to thrive in Indiana, and courts regularly grant parentage orders to intended parents, including same-sex couples. Understanding how to work within this framework is key to your success.
The good news is that Indiana courts have become increasingly willing to establish parentage for LGBT families, particularly through post-birth adoptions and, in some cases, pre-birth orders. With experienced legal guidance and proper preparation, you can successfully build your family here.
Ready to explore your options? Schedule a consultation to learn how to navigate Indiana's unique requirements.
LGBT Surrogacy Laws in Indiana and Establishing Parentage: Will We Get a Pre-Birth Order?
Pre-birth orders for LGBT couples in Indiana remain challenging but not impossible. According to current case law, including the 2016 Henderson v. Adams decision, Indiana courts have shown varying willingness to grant pre-birth orders depending on the county, judge, and specific circumstances of your case.
The key factor for gay surrogacy laws in Indiana centers on genetic connection. Courts are most likely to grant pre-birth orders when both intended parents are genetically related to the child—a biological impossibility for same-sex couples. When one intended parent has a genetic connection, some progressive judges in Marion County (Indianapolis) and Hamilton County (Carmel) have granted pre-birth orders, though this isn't guaranteed.
The Matter of the Paternity and Maternity of Infant T case created additional hurdles by establishing that the gestational carrier is presumptively the legal mother unless proven otherwise. This means LGBT couples often need to pursue a two-step process: first establishing the genetic parent's rights, then adding the non-genetic parent through adoption. However, some courts have begun recognizing both intended parents when the surrogacy agreement was created under the laws of a surrogacy-friendly state, offering a potential workaround.
Can the Non-Genetic Parent in a Gay Couple Be Declared a Legal Parent in Indiana?
Indiana's approach to non-genetic parents in same-sex relationships requires strategic planning. The state doesn't automatically recognize both parents at birth when only one has a genetic connection, but pathways exist to secure full parental rights.
For gay male couples where one partner provides sperm, the genetic father can typically establish parentage through court proceedings, either pre- or post-birth. The non-genetic father then pursues second-parent adoption, which Indiana courts have consistently granted following the state's recognition of same-sex marriage. This process typically takes 3-6 months but provides bulletproof legal protection.
Lesbian couples face similar challenges with unique considerations. If one partner carries the pregnancy using the other's eggs, Indiana law still presumes the birth mother as the legal parent initially. The genetic mother must establish her rights through court proceedings, though some judges have begun recognizing both mothers when presented with clear documentation of intent and genetic connection.
What If We're Not Married — Can We Both Be Legal Parents?
Unmarried LGBT couples face additional complexities in Indiana but can still achieve joint parentage through careful legal maneuvering. The state doesn't allow both unmarried partners to be named on the initial birth certificate through a pre-birth order, regardless of sexual orientation.
The typical path involves:
- Genetic parent establishes parentage first (through court order or acknowledgment)
- Non-genetic parent completes second-parent adoption
- Both parents ultimately recognized on amended birth certificate
- Process takes 4-8 months total
Indiana courts have granted second-parent adoptions to unmarried same-sex couples, demonstrating that marriage isn't strictly required for both partners to become legal parents. However, married couples often experience smoother proceedings and face fewer judicial questions about the stability of their relationship. Your LGBT-friendly agency can help coordinate these sequential legal steps efficiently.
I'm a Single Parent — Can I Still Be Declared the Legal Parent in Indiana?
Single LGBT intended parents face fewer obstacles than couples in some respects. Indiana courts regularly grant parentage orders to single individuals with genetic connections to their children, without the complications of establishing rights for a second parent.
Single gay men using egg donors can obtain parentage orders when they provide the sperm, though the specific process varies by county. Marion, Hamilton, and St. Joseph counties have established precedents favorable to single fathers. The absence of a second parent actually simplifies the legal process, as courts focus solely on the genetic father's rights versus the surrogate's relinquishment.
Single lesbian women using sperm donors encounter similar pathways, particularly when using their own eggs with a gestational carrier. Courts view these cases through the lens of assisted reproduction rather than traditional family structures, often resulting in straightforward parentage determinations.
How Will Our Names Appear on the Birth Certificate in Indiana?
Following the Henderson v. Adams ruling, Indiana must allow same-sex couples to be listed as "Parent" and "Co-Parent" on birth certificates rather than the traditional "Mother" and "Father" designations. This represents significant progress for LGBT families seeking accurate documentation.
However, implementation varies by county:
- Marion County (Indianapolis): Consistently uses "Parent/Co-Parent" for same-sex couples
- Lake County (Gary area): Offers choice between gendered and neutral terms
- Allen County (Fort Wayne): May require specific court language for non-traditional designations
The initial birth certificate might list only one parent or include the surrogate, depending on how parentage is established. Amended certificates following adoption proceedings will properly reflect both parents. Working with attorneys familiar with your delivery hospital and county clerk ensures proper documentation from the start.
How Long Will It Take to Get the Birth Certificate?
Indiana's timeline depends entirely on your legal pathway. If you obtain a pre-birth order (rare for LGBT couples), the initial certificate listing both parents typically arrives within 2-3 weeks of birth. More commonly, the process unfolds in stages.
For the typical two-step process:
- Initial certificate with one parent: 2-3 weeks
- Second-parent adoption completion: 3-6 months
- Amended certificate with both parents: 2-4 weeks after adoption finalization
- Total timeline: 4-7 months for complete documentation
Expedited processing is available for urgent situations like international travel or insurance requirements. The Indiana State Department of Health offers rush service for an additional fee, reducing standard processing to 2-3 business days. However, this only speeds up certificate issuance, not the underlying legal proceedings.
Do We Need a Second Parent Adoption After Surrogacy in Indiana?
For most LGBT couples in Indiana, second-parent adoption provides the securest path to legal recognition. While some couples might obtain pre-birth orders recognizing both parents, adoption offers ironclad protection that travels across state lines.
Indiana courts have embraced second-parent adoptions for same-sex couples since marriage equality. The process requires:
- Home study by licensed agency
- Criminal background checks
- Court petition with supporting documentation
- Adoption hearing (usually straightforward)
The investment of time and money (typically $2,000-4,000 in legal fees) pays dividends in legal certainty. Unlike parentage orders that might face challenges in other states, adoption decrees receive full faith and credit nationwide. Understanding your parental rights helps determine if this extra step benefits your family's specific situation.
How Surrogacy Contracts Protect LGBT Parents in Indiana
Despite Indiana declaring surrogacy contracts void and unenforceable, these agreements still serve crucial functions for LGBT intended parents. Think of them as "memoranda of understanding" that courts consider when determining parentage, even if they can't enforce specific provisions.
Essential elements for LGBT parents include:
- Clear identification of all intended parents
- Statement of intent to parent from both partners
- Gestational carrier's acknowledgment of no parental intent
- Financial arrangements (though not legally binding)
- Choice of law provisions referencing surrogacy-friendly states
Many Indiana attorneys now draft agreements under the laws of neighboring Illinois or Michigan, where surrogacy contracts carry legal weight. This creative approach has gained traction in Indiana courts, particularly in Marion and Hamilton counties. Working with attorneys experienced in gay couple surrogacy ensures your agreement maximizes available protections despite statutory limitations.
Why Work With a Surrogacy Agency If You're an LGBT Couple in Indiana
Indiana's legal complexities make professional agency support invaluable. Agencies understand which counties and judges are most favorable to LGBT families, helping you avoid unnecessary legal battles. They also maintain relationships with attorneys who've successfully navigated Indiana's unusual legal landscape.
Key agency benefits in Indiana include:
- Matching with surrogates who understand Indiana's legal peculiarities
- Coordination with out-of-state surrogates when advantageous
- Access to attorneys who've obtained parentage orders for LGBT couples
- Guidance on whether to deliver in Indiana or a neighboring state
Many LGBT intended parents work with agencies to arrange delivery in nearby Illinois or Michigan, where laws explicitly protect same-sex parents. Your agency can facilitate these interstate arrangements while you maintain Indiana residency. LGBT surrogacy programs specializing in complex jurisdictions know how to maximize your legal protections.
Finding an LGBT-Friendly Surrogacy Attorney in Indiana
These Indiana attorneys have experience navigating the state's complex surrogacy landscape for LGBT families:
- Amanda Sapp - Indianapolis
Sapp Law Office specializes in assisted reproduction and has successfully obtained parentage orders for same-sex couples throughout Indiana - Nathan Leach - Indianapolis
Herrin & Leach focuses exclusively on adoption and assisted reproductive technology, with particular expertise in LGBT family formation - Joel Kirsh - Indianapolis
Kirsh & Kirsh PC is a longstanding AAAA member specializing in assisted reproduction and LGBTQ+ family formation - Michele Jackson - Carmel
Harden Jackson Law handles surrogacy arrangements and second-parent adoptions in Hamilton County
When interviewing attorneys, ask specifically about their success obtaining pre-birth orders for same-sex couples and their experience with second-parent adoptions.
How to Get Started With LGBT Surrogacy in Indiana
Your Indiana surrogacy journey requires careful planning and realistic expectations. Start by understanding Indiana's unique surrogacy laws and how they affect LGBT families specifically. Consider whether completing your journey in a neighboring state might offer advantages while maintaining Indiana residency.
Next steps include:
- Consulting with Indiana attorneys experienced in LGBT surrogacy
- Exploring agencies that work successfully in complex jurisdictions
- Understanding the two-step legal process most couples face
- Budgeting for potential adoption proceedings
- Considering delivery location options
Despite Indiana's legal quirks, many LGBT families successfully build their families here each year. The key lies in working with professionals who understand Indiana's landscape and can guide you through available pathways. While the process might take longer than in explicitly surrogacy-friendly states, your dream of parenthood remains entirely achievable.
Indiana may not offer the streamlined process of states like Illinois or California, but determined LGBT intended parents find ways to succeed here. Begin your journey today with a free consultation to understand your options. With the right support team and realistic expectations, you can navigate Indiana's unique requirements and welcome your child home.