Indiana

PRE BIRTH OR POST BIRTH ORDER

Pre-birth

While GC agreements are void and unenforceable, courts have issued pre-birth judgments in some cases.


Married Hetero Couple

Unmarried Hetero Couple

Married Same-Sex Couple

Unmarried Same-Sex Couple

Single Parent

One Bio Connection

Two Bio Connections

No Bio Connections


ACCEPTANCE OF CALIFORNIA PRE-BIRTH ORDER

Yes. Order must include EDD and expected place of delivery, as well as all parties' dates of birth and places of birth.


Birth Certificates

Timing - The typical time frame is 6-8 weeks.

Title - Parents can choose to be listed as father or mother; options for same sex couples are unknown.

GC - Unknown if the initial birth certificate can include the name of the GC with the name of an IP.


statutes / case law

GC agreements are void and unenforceable by statute, Indiana Code §31-20-1-1 (p.421).

Is there a statute or published case law that addresses the rights of a donor over the resulting eggs, sperm, embryo or child?  Yes, case law does exist; however, the court has arrived at different opinions. 
 

Venue

County of the child's birthplace, county of the Intended Parent's residence, county of the Gestational Surrogate’s residence, or county agreed to by the parties.

Do results vary by venue?  Yes.

Are motions to waive venue accepted?  Yes.


Electronic signatures / e-notarizaTIONS

Traditional signatures and traditional notarizations required.


Second / step parent adoptions

Can the non-biological parent in a same-sex couple obtain a second parent adoption based solely on the fact that the child was born in the state (i.e., neither of the Intended Parents lives in the state)?  No.

Will courts grant second parent adoptions or stepparent adoptions to heterosexual couples living in the state?  Yes.

Does the couple need to be married?  No; however, the process is much simpler for married couples.
 
Will courts grant second parent adoptions or stepparent adoptions to same-sex couples living in the state? 
Yes.

Does the couple need to be married?  No; however, the process is much simpler for married couples.


of counsel

Mark A. Reder

Law Office of Mark A. Reder

870 Virginia Avenue

Indianapolis, IN 46203

(317) 660-6161

mareder@gmail.com