Yes!  Gestational surrogacy is common and not legally prohibited in Indiana.  In fact, the number of women agreeing to help another family have a child through gestational surrogacy grows every day.  Although in Indiana some portions of a surrogacy contract would be considered void and unenforceable, other portions of the agreement may actually still be enforced.  Also, Indiana has favorable case law that permits a court to enter a pre-birth parentage order establishing the Intended Parents as the surrogate child’s legal parents on the child’s initial birth certificate. 

Nate Leach at Herrin & Leach regularly represents Intended Parents and Surrogates in connection with their surrogacy contracts and parentage orders in Indiana.