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Adoption Questions: Is surrogacy legal in Indiana?

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Hi, Steve Kirsh and Yogi here with the…good night Yoges…with the answer to today’s adoption question. The questions is: “Is surrogacy legal in Indiana?” And the answer is, no. There is a a statute in Indiana that provides that surrogate contracts are void as against public policy. That is not illegal. You can enter into a surrogate contract, it would just not be a valid contract. No right thinking person, neither a prospective surrogate, or intended parents, would enter into a surrogacy arrangement without a contract. There are a number of things that could go wrong. For example…What if the surrogate refused to relinquish custody of the baby? What if the intended parents chose not to take the baby? Those are just two questions that come to mind right off the top of my head which would be very significant problems in a surrogacy arrangement; therefore, you would absolutely, positively want to have a contract. The part that is illegal in Indiana is that its illegal to pay money for a consent to adoption or a consent to termination of parental rights. So, while the surrogacy arrangement itself would not be illegal, as in, against the law, any payment of money to the surrogate would be a crime by both the surrogate and the person making the payment. Indiana needs a statute that governs this, but does not have one. I hope that is helpful, if you have any questions, Yogi and I are always here to answer them.

Thank you

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