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Home > Assisted Reproductive Technology Laws in Indiana X

An introduction to the laws of Assisted Reproductive Technology (ART) in the State of Indiana

Whether you are considering becoming a donor or surrogate or you are a prospective intended parent, knowledge is power. To help in your family journey, experienced ART attorneys licensed in Indiana and fellows of The Academy of Adoption and Assisted Reproduction Attorneys (AAAA)  share expertise and provide an introduction to the laws of Assisted Reproduction Technology in IN.

Key Questions on ART Laws in Indiana

Generally, is Illinois friendly to ART? Yes, Illinois is a very friendly state for individuals pursuing ART 

Is Illinois friendly to non-married couples? Yes, Illinois is friendly to non-married couples  

Is Illinois friendly to LGBT families? Yes, Illinois is friendly to LGBT 

Is Illinois friendly to a single intended parent? Yes, Illinois’ gestational surrogacy act applies to single intended Parents 

Are there statutes in place for surrogacy? Yes, there are statues in place for gestational surrogacy arrangements 

Does Illinois have an embryo donation statute? Illinois has a parentage statute that protects children born of gamete donation  

Does Illinois have an egg donation statute? Illinois has a parentage statute that protects children born of gamete donation  

Is gestational surrogacy (third party gamete use) permitted in Illinois? Yes, the Illinois Gestational Surrogacy Act provides protection for all parties involved in a gestational surrogacy arrangement 

Is traditional surrogacy (use of the surrogate’s genetic material) permitted in Illinois? Traditional surrogacy is not governed under the Gestational Surrogacy act in Illinois but is not legally prohibited.  Careful legal guidance is imperative. 

Is compensated surrogacy allowed by statute in Illinois? In practice? Yes, the Illinois Gestational Surrogacy Act provides protection for all parties involved in a compensated gestational surrogacy arrangement 

Is uncompensated (expense reimbursement only) surrogacy allowed by statute in Illinois?  In practice? Yes, the Illinois Gestational Surrogacy Act provides protection for all parties involved in an uncompensated gestational surrogacy arrangement 

Does Illinois only permit a Carrier to be reimbursed for expenses (altruistic)? No, Illinois permits reasonable compensation and reimbursement of expenses  

Are surrogacy agreements enforceable, void or prohibited in Illinois? Illinois statutes enforce gestational surrogacy agreements that comply with the requirements of the Illinois Gestational Surrogacy Act. 

Do both Intended Parents both have to be genetically related to the child in Illinois? No, in Illinois, both Intended Parents do not have to be genetically related to the child 

Does Illinois require at least one Intended Parent to be genetically related to the child? While the Illinois Gestational Surrogacy Act provides an administrative mechanism to establish parentage if one Intended Parent provides a gamete for the child, contact a AAAA attorney to discuss options for circumstances when an Intended Parent has not provided a gamete.  

In Illinois, if a single intended parent uses surrogacy, do they have to be genetically related to the child? While the Illinois Gestational Surrogacy Act provides an administrative mechanism to establish parentage if one Intended Parent provides a gamete for the child, contact a AAAA attorney to discuss options for circumstances when an Intended Parent has not provided a gamete 

Do the Intended Parents have to be married in Illinois? No. In Illinois the Intended Parents do not have to be married. 

Do two Intended Parents have to be opposite genders in Illinois? No. Illinois law allows for same-sex couples, individuals, and non-married couples to benefit from the Gestational Surrogacy Act. 

Does Illinois allow pre-birth parentage orders to be issued for surrogacy?  

Does Illinois only allow a post-birth parentage order to be issued? No. However, Illinois law allows for a post-birth declaratory judgment order to confirm parentage if desired. 

Can you obtain both a pre and post birth order in Illinois for the same child? In Illinois, it would be unnecessary. 

Can you obtain a parentage order if only the carrier resides in Illinois? No, Illinois law does not require that the gestational surrogate resides in Illinois if there is otherwise proper jurisdiction 

Can you obtain a parentage order if only the intended parents reside in Illinois? No, Illinois law will allow a parentage order if there is otherwise proper jurisdiction 

Can you obtain a parentage order if only the birth occurs in Illinois? Yes. 

Can you obtain a parentage order if only the medical procedures/IVF Clinic is in Illinois? The Illinois law does not specifically address this scenario. 

Do results vary by venue in Illinois?  The Illinois Gestational Surrogacy Act governs the entire state.  Venue is an important consideration that should be discussed with your attorney 

Is a hearing required for a parentage order in Illinois?  

Does Illinois have a passport office? Yes, Illinois has a passport office in Chicago 

How long does it take to obtain a birth certificate in Illinois? In Illinois, this will depend on the county clerk’s office. 

Will Illinois vital records office honor a parentage order from another state? In Illinois, Vital records will prefer an Illinois order. 

Does your vital records require a parentage order from another state to be registered? 

 

How does the birth certificate list same-sex parents in Illinois? In Illinois, the birth certificate will list same-sex parents as co-parent or mother-mother, father-father. 

In Illinois, can an initial birth certificate be obtained naming the biological parent and the carrier? In Illinois, this is contrary to our public policy because the carrier is not the child’s legal mother upon birth 

In Illinois, can the birth certificate be amended to include only the biological parent or both intended parents? In Illinois, the birth certificate will reflect the legal parents 

Do your amended birth certificates say “amended” on them? In Illinois, the birth certificates do not indicate that they are amended 

In Illinois, can intended parents in a surrogacy obtain an adoption order? In limited circumstances, it might be prudent to obtain an adoption order in Illinois 

 

Assisted Reproduction law and surrogacy involves many complex issues.  Parties who are contemplating engaging in a surrogacy arrangement in the State of Illinois should not rely exclusively on these printed responses.  All these issues should be discussed with an Illinois ART attorney who is experienced in surrogacy law.  Answers to these questions will be impacted by numerous circumstances that are unique to your surrogacy arrangement.

AAAA Assisted Reproduction Technology Attorneys in IN

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Assisted Reproduction Technology Laws by State

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AAAA Mission

The Academy of Adoption and Assisted Reproduction Attorneys (AAAA) is a credentialed organization dedicated to the competent and ethical practice of adoption and assisted reproduction law. It advocates for laws and policies to protect the best interests of children, the legal status of families formed through adoption and assisted reproduction, and the rights of all interested parties.

Contact Info

Academy of Adoption and Assisted Reproduction Attorneys (AAAA)
859 Riverside Drive, #9
Greenwood, IN 46142

T (317) 407-8422
Info@adoptionART.org

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DISCLAIMER: The Academy of Adoption and Assisted Reproduction Attorneys (AAAA) website is designed for general information only. Nothing on this website establishes an attorney-client relationship with AAAA or any of its member-attorneys.  AAAA website content does not constitute legal advice from AAAA or its member-attorneys to any reader or to the general public.  The law constantly changes and varies across state and international borders.  Consult qualified legal counsel in your jurisdiction regarding your particular situation. Click here for the AAAA Attorney Directory. The names and contact information included on this site are for the purpose of searching for an attorney for a particular legal case. The contact information may not be used for commercial, promotional, or advertising purposes.

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