How to Become a Surrogate in Indiana
Indiana is one of the more complicated states to be a surrogate in — its statute declares surrogacy contracts void. That doesn’t mean you can’t do it, and hundreds of Hoosier women have. It does mean you need to understand what you’re signing up for. Here’s the honest version.
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Is surrogacy legal in Indiana?
Short answer: surrogacy itself is legal in Indiana, but surrogacy contracts are not enforceable. Those are two different things, and the difference is the single most important thing to understand before you start.
Under Indiana Code § 31-20-1-1, the General Assembly declared it against public policy to enforce any term of a surrogate agreement, and made surrogacy agreements formed after 14 March 1988 void. That statute is still on the books.
What it does not do:
- It does not make surrogacy a crime. Nobody is prosecuted for being a surrogate in Indiana.
- It does not prohibit you being paid. Indiana has no statute preventing a surrogate from receiving compensation.
- It does not stop the practice. Gestational surrogacy happens in Indiana regularly, with Indiana clinics, Indiana attorneys and Indiana hospitals.
What it does do: it means that if something went badly wrong and you ended up in an Indiana court, the agreement you signed could be treated as void. Ind. Code § 31-20-1-2 specifically voids terms that would require a surrogate to provide an egg, to become pregnant, to consent to an abortion, to undergo medical treatment or examination at another person’s direction, to waive her parental rights, or to consent to a stepparent adoption.
What that actually means for you
Read that list again, because most pages quote the statute and never explain it from the surrogate’s side. The terms Indiana voids are, for the most part, terms that would compel you. An Indiana court will not force you to undergo a medical procedure, will not force you to terminate a pregnancy, and will not enforce a clause signing away your rights before a child exists. In that narrow sense the statute is protective of you.
The risk runs the other way — it’s about the money. Because the whole agreement is void, the parts that protect your compensation are unenforceable too. If intended parents simply stopped paying you in month six, you could not walk into an Indiana court and enforce the payment schedule.
So the practical question in Indiana isn’t “is this legal.” It’s “how do I get paid without relying on a contract Indiana won’t enforce?” There are three real answers:
- Escrow is not optional in Indiana. Your entire compensation should be deposited with an independent third-party escrow company before you begin, so the money already exists and isn’t dependent on anyone’s continued goodwill. In a state like Illinois you’d want this. In Indiana you should refuse to proceed without it.
- Choice-of-law drafting. Experienced attorneys frequently draft these agreements under another state’s law, where the contract is enforceable, and document the genetic origin of the embryos carefully. Ask directly whether your agreement will be governed by Indiana law or another state’s.
- Work with people who do this constantly. An Indiana attorney who handles reproductive law regularly knows which counties grant orders and how to structure around the statute. A general family lawyer does not.
Will the intended parents be on the birth certificate?
Usually, but it isn’t guaranteed the way it is in some states. Despite the statute, many Indiana courts do grant pre-birth parentage orders in gestational surrogacy cases, particularly where at least one intended parent is genetically related to the child. Others don’t, and outcomes vary by county and by judge. Where a pre-birth order isn’t available, parentage is sorted after birth, sometimes through adoption. If neither intended parent is genetically related, or the intended parents are a same-sex couple using donor gametes, it gets harder and depends heavily on the court. Venue can generally be laid in Indiana if you or the intended parents live here.
Traditional surrogacy — where you’d use your own egg — is a different and much riskier proposition in Indiana. Pre-birth orders are typically refused and intended parents must adopt after birth. Almost nobody does traditional surrogacy through an agency any more, and you shouldn’t consider it in Indiana.
Is this changing?
Possibly. The statute dates from 1988 and is widely criticised as out of step with how surrogacy is actually practised — the Indiana Law Review published a detailed argument for repeal in 2024, and reform bills including a proposed Gestational Surrogacy Act have been floated. Nothing has passed. [VERIFY current legislative status before publishing and re-check each session.]
Concerned about the legal side? That’s the right instinct, and it’s the first thing we’ll talk you through. Start with the eligibility questions.
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Do you qualify to be a surrogate in Indiana?
Indiana clinics apply broadly the same criteria as everywhere else, based on ASRM guidance. Several of the things women assume disqualify them don’t.
The non-negotiables:
- You’ve given birth to at least one healthy child, full-term, and you’re raising that child. No programme waives this one.
- You’re between 21 and 45, with most Indiana programmes preferring 21–40.
- No nicotine — cigarettes, vapes, pouches, patches. Typically 6–12 months clear, and expect to be tested.
- No drug use, in your household as well as by you.
- You’re a U.S. citizen or permanent resident.
- You’ll pass medical screening, a psychological evaluation and a background check — and so will your partner.
More flexible than you’d expect:
- BMI. Most Indiana clinics want 19–32, some to 35. A few points over usually means “let’s get you there,” not “no.”
- C-sections. Two is standard, three often workable. How you healed matters more than the count.
- Tubal ligation. Irrelevant — embryo transfer bypasses your tubes entirely.
- Endometriosis. Usually fine. It affects conceiving, not carrying, and you’ve already carried.
- HSV-2 (genital herpes). Not disqualifying at most programmes. It’s managed with suppressive antiviral medication late in pregnancy and a C-section if there are active lesions at delivery. Disclose it early — it’s a logistics conversation, not a rejection.
- Single, unmarried, or LGBTQ+. Doesn’t affect your eligibility.
Raise these early:
- A history of intrahepatic cholestasis of pregnancy (ICP). Recurs in a large share of later pregnancies and carries real risk to the baby, so most programmes decline or require maternal–fetal medicine clearance first.
- Preeclampsia or HELLP previously. Depends on severity and timing. Mild and late-onset that didn’t recur is often workable; severe or early-onset usually isn’t.
- Antidepressants or other psychotropic medication. Policies vary a lot. Some programmes want 6–12 months off medication; others accept stable use with a psychologist’s clearance. Ask before you invest weeks in an application, and don’t stop your medication to qualify.
- Gestational diabetes. Diet-controlled and resolved, usually fine. Insulin-dependent, usually not.
- Still breastfeeding. Fully weaned, typically 2–3 months before medication starts.
| Requirement | Typical Indiana standard | What actually matters |
|---|---|---|
| Age | 21–45 (many prefer 21–40) | Your obstetric history over the number |
| Prior birth | One or more, full-term, uncomplicated | Delivery records; raising the child |
| BMI | 19–32, some to 35 | Trend and overall health |
| C-sections | Usually up to 2–3 | Healing and complications |
| Nicotine | None, 6–12 months | Includes vaping; expect a test |
| Mental health | Stable, no active crisis | Current medication; support at home |
| Residency | U.S. citizen or permanent resident | Indiana residency helps with venue |
Unsure whether a past complication, your BMI, or a third C-section rules you out? The questionnaire covers all of it.
Check my eligibility →
What surrogates are paid in Indiana
We match Indiana surrogates with a carefully selected surrogacy agency, that we used for our own surrogacy journeys. The figures below are their published surrogate payment schedule, verified as of mid-2026 — they are real numbers and not industry averages.
First-time surrogates: $65,000+ total. Experienced surrogates: $75,000+ total.
Your compensation: a sample of $50,500
By applying to become a surrogate with SurroAdvisor, you get to choose your fee structure rather than getting handed a fixed number, so this is actually representative rather than a loose quote. What’s unusual is that we publish when each payment lands — and in Indiana, where your contract isn’t enforceable, a transparent payment schedule backed by escrow matters more than it would anywhere else.
| When you’re paid | Amount |
|---|---|
| At match | $1,250 |
| At medical clearance | $500 |
| At legal clearance | $1,000 |
| When you start medication | $500 |
| At embryo transfer | $1,000 |
| At hCG pregnancy confirmation | $1,000 |
| At heartbeat confirmation | $3,500 |
| Monthly during pregnancy (8 payments of $5,000) | $40,000 |
| Wellness package | $1,750 |
| Sample base total | $50,500 |
Experienced surrogates add $10,000, taking a comparable schedule to roughly $60,500.
Additional compensation applies for a multiple pregnancy, a C-section or an invasive procedure. Ask for those figures in writing.
Your payments are held in third-party escrow. In Indiana this is the single most important protection you have. Because Indiana courts treat surrogacy agreements as void, escrow — not the contract — is what actually secures your money. Ask to see confirmation that the full amount has been deposited before you begin medication.
Your expenses: $15,000–$20,000+ on top
Separate from your fee and not deducted from it:
- $300 monthly allowance, no receipts
- All lost wages, yours and your partner’s
- Travel, plus a travel companion
- Family allowance for every overnight away
- Weekly bed rest allowance
- Post-birth medical leave, 6–8 weeks
- Maternity clothing
- Medical insurance and all medical expenses
- Life insurance
- Your own attorney’s fees
- Mental health support
Three things about the money nobody else will tell you
It is very likely taxable. The “non-taxable reimbursement” argument circulating online is unsettled, the IRS has not endorsed it, and most tax professionals treat surrogate compensation as taxable income. Some agencies issue a 1099. Budget as though it’s taxable and speak to a CPA before you sign.
It can affect Indiana benefits. If your household receives Hoosier Healthwise, the Healthy Indiana Plan (HIP), SNAP, housing assistance or childcare assistance, surrogate compensation counts as income and could take you over an eligibility threshold. Separately, Indiana Medicaid generally won’t cover a surrogate pregnancy — appropriate coverage is arranged for you as part of the journey. Get advice on timing before you match, not after.
Watch for lowball and inflated figures alike. Some Indiana pages quote base compensation as low as $30,000; others promise totals “up to $100,000.” Neither reflects what’s actually on offer. We’d rather show you a real schedule you can hold us to.
The questionnaire tells you which fee structure you’d qualify for and what your schedule would look like.
See what I’d be paid →
What the process actually looks like in Indiana
Twelve to eighteen months from application to birth.
Month 1 — Application and matching. You apply, we review your history, and you speak to the agency. Matching typically takes one to three months, and you have a say in it — you’re not assigned to anyone.
Months 2–3 — Screening. Bloodwork, infectious disease panel, a saline sonogram or hysteroscopy to check your uterus, and a psychological evaluation with someone experienced in third-party reproduction. Your partner is screened too.
Month 4 — Contracts, and the part that matters most in Indiana. Your attorney and theirs negotiate the agreement. Ask three specific questions: Is this governed by Indiana law or another state’s? Has the full compensation been placed in escrow? Which county will the parentage petition be filed in? Do not let this stage be rushed. In a state where the contract is void by statute, how it’s drafted and secured is your only real protection.
Months 5–6 — Medication and transfer. Estrogen and progesterone to prepare your lining, monitored by ultrasound and bloodwork. The transfer takes minutes and needs no anaesthetic. A pregnancy test around ten days later. Not every transfer works first time; that’s normal and covered.
Months 6–15 — Pregnancy. Care with your own OB or a practice the clinic refers you to. How much contact you have with the intended parents is agreed in advance and can be anything from monthly texts to attendance at every scan.
Birth and after. You deliver at an Indiana hospital you choose. Parentage is established through the order your attorney obtained, or afterwards if a pre-birth order wasn’t available in your county. You recover for six to eight weeks with support.
The first step is 12 questions about your pregnancy history. If you’re not a fit, we’ll say so straight away.
Start the questionnaire →
The risks, honestly
Any page listing only the rewards is selling you something.
Legal. Indiana carries a layer of risk that Illinois or Nevada don’t. Your agreement is void by statute; escrow and careful drafting mitigate that but don’t erase it. Disputes are rare — the overwhelming majority of journeys complete without incident — but you should walk in knowing the safety net is thinner here.
Physical. Every risk of pregnancy again: gestational diabetes, preeclampsia, hyperemesis, preterm labour, haemorrhage, an unplanned C-section. IVF pregnancies carry a modestly elevated rate of some complications. If a previous pregnancy was difficult, it can be again. Maternal mortality in the U.S. is low but not zero, and that deserves saying plainly.
The medication is not nothing. Weeks of injections, with bruising, mood swings, headaches and bloating. Most describe it as irritating rather than awful. Some find it harder.
Emotional. Most gestational surrogates don’t experience the grief people expect, largely because the child isn’t genetically theirs. But postpartum depression is as possible for you as for any birth, and there’s a flatness some women describe when the intensity ends. Use the counselling.
Relational. Your partner signs paperwork too. Your children will have questions. Families who talk it through in advance do much better.
Failed transfers and loss. Not every transfer takes, and miscarriage happens at roughly the general rate. It is hard to carry when it wasn’t your pregnancy to lose, and it’s the least-discussed part of this.
The relationship may not be what you hoped. Some surrogates stay close to the families they carried for; some drift. Knowing that in advance stops it reading as failure.
How we make money
SurroAdvisor is free for you and always will be. When we match you with an agency and you’re accepted into their programme, they pay us a fee. You are never charged, and your compensation isn’t reduced because you came through us.
We think you should know that, and we think it should change how you read this page. It’s also why we only work with just one, trusted, Midwest-based agency partner rather than listing everyone who’ll pay us: we’d rather send you somewhere we’d send a friend, in fact we worked with them ourselves for our own surrogacy journeys.
What we do that contacting an agency directly doesn’t:
- We tell you if you don’t qualify before you spend six weeks on an application
- We know which programmes will look at a third C-section, a BMI of 34, HSV-2 or a history of preeclampsia
- In Indiana specifically, we make sure you’re asking about escrow and choice of law before you’re deep into a process
Meet Kelsey, a first-time surrogate from Indiana
Kelsey is an Indiana mother of four who carried for the first time this year. Her story is worth reading not because it went perfectly, but because it didn’t quite, and she’s clear-eyed about that.
How she got here. Friends of hers were struggling to conceive, and she found herself thinking that if it came to it, she would offer to carry for them. They went on to have their daughter without needing a surrogate — but the thought didn’t leave her. It sat there for a few years before she acted on it.
The two things that went wrong. At around six weeks she had a subchorionic haemorrhage — bleeding between the uterine wall and the membrane. An ultrasound and bloodwork confirmed the pregnancy was progressing normally, but she describes the couple of days before those results as genuinely frightening. Separately, she turned out to be allergic to the carrier oil in her progesterone injections, which made an already unpleasant part of the process considerably worse until the medication was switched. Both are common enough, both were manageable, and neither is the kind of thing you’ll find in most agency testimonials.
The reaction from people around her. Not everyone was immediately supportive. She’s frank that surrogacy still strikes some people as strange or alarming, and that she had to sit with that. Her husband backed her from the outset, and the family members who had reservations came round as they watched how settled she was in the decision.
What made the match work. She met her intended parents over Zoom and knew quickly. What stuck with her was that they thanked her before there was any commitment — simply for being willing to consider them.
Kelsey advice, in her own words:
“No one knows what is right for you except for you.”
Kelsey’s journey is with SurroAvisor’s partner agency we match Indiana surrogates with. She came to them directly rather than through SurroAdvisor.
Common questions from Indiana surrogates
Is Indiana a surrogacy-friendly state?
Not especially, and you should be sceptical of any page that says otherwise. Indiana’s statute declares surrogacy agreements void and against public policy — that’s a genuinely restrictive position, and states like Illinois, Nevada and Washington are far more favourable. What’s true is that surrogacy is not illegal here, that it’s practised routinely, that many Indiana courts grant parentage orders, and that with escrow and experienced counsel the practical risk is manageable. “Legal but unenforceable, and workable with the right professionals” is the accurate description. “Surrogacy-friendly” isn’t.
Can I be paid to be a surrogate in Indiana?
Yes. No Indiana statute prohibits compensating a surrogate, and compensated arrangements happen here regularly. The catch is that the payment terms sit inside an agreement Indiana courts treat as void, so they may not be enforceable if challenged. This is exactly why third-party escrow matters so much in Indiana — it puts the money beyond the reach of that problem.
What happens if the intended parents stop paying me?
With escrow properly funded up front, this largely doesn’t arise, because the money is already held independently and released on schedule. Without escrow, you would be in a difficult position, because the agreement you’d want to enforce is void under Indiana law. Confirm in writing that your full compensation is in escrow before you start medication. If an agency resists that question, walk away.
Can I be a surrogate if I’ve had a C-section?
Yes. Two prior C-sections is standard at most Indiana programmes and three is often still workable. The clinic is assessing how your uterus healed, whether you had complications like heavy bleeding or a placental abnormality, and what imaging shows. Start requesting your operative reports now — hospital records take longer to arrive than people expect.
Can I be a surrogate if I had cholestasis of pregnancy?
Usually not, and it’s better to know now. Intrahepatic cholestasis recurs in a large proportion of subsequent pregnancies and is associated with increased risk to the baby, so most programmes either decline or require maternal–fetal medicine sign-off. It isn’t a universal no, but treat it as a serious hurdle and raise it in your first conversation.
Can you be a surrogate with HSV-2?
Generally yes. Genital herpes is common and manageable in pregnancy: suppressive antiviral medication from around 36 weeks, and a C-section if there are active lesions at delivery. Most programmes and clinics accept HSV-2 positive surrogates, and intended parents are informed as a matter of course. Disclose it at application — it’s a planning conversation, not a disqualification.
Can I be a surrogate with endometriosis?
Usually yes, which surprises people. Endometriosis mainly affects conceiving rather than carrying, and you’ve already demonstrated you can carry to term. Your uterine cavity is checked during standard screening. Severe endometriosis with significant uterine involvement is a separate conversation.
Can I be a surrogate with Hashimoto’s or a thyroid condition?
Very often yes, if it’s well controlled on levothyroxine with TSH in range. Thyroid function is monitored closely in any IVF pregnancy. Bring recent labs. Newly diagnosed or poorly controlled thyroid disease needs stabilising first.
Can I be a surrogate if I’m on antidepressants?
It depends on the programme, and it’s worth asking before applying. Some require six to twelve months off psychotropic medication; others accept stable long-term SSRI use with clearance from the evaluating psychologist. Do not stop your medication in order to qualify — speak to your prescriber and to us first.
I’ve had my tubes tied. Does that disqualify me?
No. Gestational surrogacy places an embryo directly into your uterus, so your fallopian tubes aren’t involved. An IUD needs removing and Depo-Provera needs a wash-out period, but neither is a barrier.
What if my BMI is over the limit?
Most Indiana clinics want under 32, with flexibility to around 35. At 34 or 36 the usual outcome is a conversation about reaching the threshold before transfer while the rest of screening proceeds — not rejection. Apply rather than assuming.
Will surrogate pay affect Hoosier Healthwise, HIP, or SNAP?
It can, and it’s the question we most wish women asked earlier. Surrogate compensation is income and may take your household over the eligibility threshold for income-based Indiana programmes. Indiana Medicaid also generally won’t cover a surrogate pregnancy — appropriate coverage is arranged separately. If your family relies on any of these, get advice on timing and structure before you match.
Do I have to pay tax on it?
Assume yes. The “non-taxable reimbursement” theory is unsettled and unendorsed by the IRS; most tax professionals treat this as taxable income and some agencies issue a 1099. Set money aside and talk to a CPA before your first payment.
Will the intended parents be on the birth certificate?
In most Indiana gestational surrogacy cases, yes — many courts grant pre-birth parentage orders despite the statute, particularly where an intended parent is genetically related to the child. It varies by county and judge, though, and where a pre-birth order isn’t granted parentage is resolved after birth. Your attorney will advise on venue, which genuinely affects how smoothly this goes.
Do I need to live in Indiana?
You need to be a U.S. citizen or permanent resident. Living in Indiana helps with clinic access, your delivery hospital, and establishing venue for the parentage petition. Living elsewhere doesn’t rule you out but adds complexity.
Can I choose the intended parents?
Yes. Matching runs both ways and you can decline a match, including after a first conversation. Think in advance about contact during pregnancy, any relationship afterwards, and how you’d each handle a difficult prenatal diagnosis. Mismatches on that last one cause more trouble than anything else.
What if I change my mind?
Before transfer you can withdraw, and your agreement will set out how. Once pregnant, you cannot be compelled to hand over a child — and in Indiana that’s reinforced by the statute, which voids terms requiring a surrogate to waive parental rights. In practice this situation is vanishingly rare, and it’s another reason the matching and screening stages matter.
Does being a surrogate affect my own fertility?
There’s no evidence that carrying a gestational surrogacy pregnancy reduces future fertility, and many surrogates go on to have more children. The risks are those of any pregnancy: a C-section adds scar tissue, and a serious complication could have lasting effects.
Ready to find out where you stand?
If you’ve carried a healthy pregnancy, you’re 21 to 45, you don’t use nicotine and you’re raising your own child, you’re likely eligible — and the questionnaire will tell you in about five minutes.
If something in your history worries you, or if the Indiana legal position does, those are exactly the conversations we’re here for.
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12 questions · about 5 minutes · free · no obligation
We won’t call you unless you ask. Your answers go to our team and the agency you’re matched with, and nowhere else.
More on surrogacy:
What is a surrogate mother? · Gestational vs traditional surrogacy · Requirements to be a surrogate
Nearby states: Ohio · Wisconsin
This page is general information, not medical, legal, or tax advice. Eligibility is determined by the fertility clinic and physician overseeing your care. Speak to an Indiana reproductive attorney before signing any agreement, and to a CPA before receiving compensation.