In Indiana, a clear surrogacy contract is required to protect your rights before any medical steps begin.
Working with an experienced agency and attorney to secure this document ensures your legal parentage is protected and all expectations for the journey are agreed upon from the start. By tackling these legal details early, you can move forward with the assurance that your journey is built on a secure foundation.
We’re here to explain how Indiana’s unique laws handle gestational carrier agreements, the essential terms your contract must include, and how we guide you through every step of the legal process.
You can get more free information by calling 1-800-875-2229, texting 913-204-0224, or filling out our online contact form right now.
What Should Be Included in a Surrogacy Contract?
Understanding surrogacy contract basics requires looking at the logistical, financial, and medical details of the journey. A high-quality agreement does more than just list numbers; it addresses the "what-ifs" to prevent future conflict.
When determining what should be included in surrogacy contract discussions, both intended parents and surrogates should prioritize transparency.
Key elements of a comprehensive Indiana agreement include:
A clear payment schedule option that details base pay and monthly allowances held in a secure account. Strict escrow account requirements to ensure funds are available when needed. Agreements on the medication approval process and the surrogate’s medical records access rights for the parents. Specific travel restrictions during pregnancy, as well as diet restrictions during surrogacy and exercise restrictions during surrogacy to protect the baby’s health. Clearly defined abortion decisions in contracts, including selective reduction agreements and termination for medical reasons.
Legal Clearance: The Final Step Before Transfer
Before a fertility clinic can proceed with medical treatments, both parties must complete the legal clearance process. This stage involves both the intended parents and the surrogate working with their own independent attorneys to review and sign the final document.
For the surrogate, this ensures her health and rights are prioritized, while for intended parents, it secures their legal commitment to the child.
The steps typically include a detailed review of all unenforceable contract terms and a final signature by all parties. Once the attorneys confirm that the contract meets state standards, they issue a clearance letter to the clinic.
This formal step is the green light that allows the embryo transfer to move forward.
Can Surrogacy Contracts Be Enforced in Indiana?
While surrogacy contracts are void and unenforceable under Indiana Code § 31-20-1-1, surrogacy is still practiced and some courts still grant pre-birth orders. This statute declares that surrogacy agreements are technically void and unenforceable as a matter of public policy.
While this may sound intimidating, it does not mean surrogacy is prohibited; it simply means the state will not use the contract to force "specific performance".
Because of these unenforceable contract terms, it is vital to work with an agency that understands how to navigate the law ethically. Experienced attorneys use these contracts to establish the intent of the parties, which is essential for the subsequent parentage process.
While we work with surrogates in Indiana and intended parents, we do not match them in-state. Matching with out-of-state partners for the process means applying legislation from the more surrogacy-friendly state when drafting a surrogacy contract.
So even with these legal nuances, Indiana remains a frequent and successful location for gestational surrogacy.
What happens if a surrogacy contract is breached?
Understanding the breach of surrogacy contract consequences is essential for both parents and surrogates. If a party fails to meet their obligations, the lack of traditional enforceability means that contract disputes mediation is often the primary path for resolution.
For intended parents, a breach might involve the surrogate disregarding medical advice. For a surrogate, a breach could involves issues with following lifestyle clauses.
An agency-supported journey provides a safer environment because specialists are available to mediate these issues before they escalate, providing a level of security that an independent surrogacy contract often lacks.
Fair Surrogacy Compensation in Indiana and Payment Structure
Fair surrogacy compensation is a crucial part of drafting a surrogacy contract. In Indiana, pay is calculated to cover the surrogate's time, physical effort, and any lost wages.
Both intended parents and surrogates should understand the payment schedule options to ensure there is no financial stress during the pregnancy.
A standard compensation structure includes:
- Base Pay: A set amount paid in installments once a pregnancy is confirmed.
- Additional Coverage: Funds for maternity clothes, travel, and recovery time compensation.
- Escrow Security: All funds should be held in a bonded account that meets escrow account requirements, ensuring the surrogate is paid reliably and the parents' investment is protected.
Although contracts are void and unenforceable in Indiana, when you work with us, we only show surrogate profiles to out-of-state families so they can exercise more favorable laws. This helps their attorney draft a contract that fully protects their compensation and is tailored to to their level of experience and the cost of living in Indiana.
Medical Decisions and Control During Pregnancy
A surrogacy contract must clearly define who makes medical decisions during the journey. While the surrogate maintains autonomy over her health, the agreement outlines the medication approval process and choosing the OB doctor for surrogacy protocols that both sides find acceptable.
This includes the surrogate’s consent regarding medical records access rights, which allows intended parents to stay connected to their baby’s health.
Termination and selective reduction clauses
These sections are among the most sensitive in any Indiana agreement. Because of state-specific legislation regarding termination for medical reasons and selective reduction agreements, it is critical that both sides share a similar philosophy before signing.
These abortion decisions in contracts are negotiated with the help of legal counsel to ensure that both the surrogate's physical health and the parents' goals are respected within the bounds of Indiana law.
Lifestyle Clauses: Travel, Diet, and Daily Life Considerations
Lifestyle clauses are protective measures designed to ensure a healthy pregnancy. These clauses are common in both agency-led and independent surrogacy contract arrangements.
Common lifestyle agreements include:
Limits on out-of-state travel, especially as the surrogate nears her due date. Guidelines regarding diet restrictions during surrogacy and exercise restrictions during surrogacy. Agreements to avoid certain high-risk activities or substances that could impact the baby.
Delivery Plans and Post-Birth Expectations
A clear hospital plan stops confusion when the baby arrives. This section of the contract details the delivery room presence rights for the parents and how the surrogate prefers to handle her postpartum stay.
It can also include a pumping agreement contract, detailing whether the surrogate will provide breast milk for the baby following birth.
By setting these expectations early, everyone can focus on the child rather than logistics.
Insurance Requirements for Surrogacy Journeys
Every journey must have a comprehensive insurance plan to protect both the surrogate’s family and the parents’ finances. This includes verifying surrogate friendly insurance that lacks exclusions for gestational pregnancy.
Required coverage typically involves:
- Health Insurance: Coverage for all pregnancy-related medical costs.
- Life Insurance Requirements: A policy provided by the parents for the surrogate’s beneficiaries.
- Disability Insurance Coverage: Protection for the surrogate’s income if she requires bed rest or an extended recovery.
Agency vs. Independent Surrogacy: Legal and Emotional Considerations
When deciding between an agency vs. independent journey, it is important to weigh the legal protections. An independent surrogacy contract may save on initial fees, but it often leaves both parties without a neutral mediator if a dispute occurs.
As a specialized agency, American Surrogacy provides a "safety net" that includes vetted legal professionals, financial escrow management, and emotional support from former surrogates.
This structure provides a level of protection that is difficult to replicate in a private arrangement.
Ensure Your Indiana Surrogacy Contract Covers Every Detail
Your surrogacy contract in Indiana is the legal foundation for your future family. Working with an experienced agency gives you the clarity needed to handle these complex state laws with confidence with the expertise of those who have been through this process countless times.
We can answer your questions and find the right Indiana lawyers to keep your journey safe and successful.
Imagine holding your baby—take the first step today. You can fill out our contact form or call 1-800-875-2229 to get the support you deserve.