Surrogate motherhood

Reproductive Law Services Offered:

Intended Parent Legal Representation
Gestational Surrogate Legal Representation
Egg Donor Legal Representation
Drafting Surrogacy Agreements
Drafting Egg Donor Agreements
Drafting Sperm Donor Agreements
Drafting Embryo Donation Agreements
Negotiating Surrogacy Agreements
Negotiating Egg Donor Agreements
Negotiating Sperm Donor Agreements
Negotiating Embryo Donation Agreements
Establishment of Parentage (Pre-Birth and/or Post-Birth)
Second Parent Adoption Proceedings
Estate Planning

What is Surrogacy?

Surrogacy is a family building option for those who want a child and have not had success with other assisted reproductive technology (ART) treatments. There are two types of surrogacy — traditional and gestational — that are practiced today.

In traditional surrogacy, the surrogate is both the egg donor and surrogate, and is therefore genetically related to the child. The surrogate carries an embryo that was created with her own egg and the sperm of the intended father who, with the intended mother, will obtain legal and physical custody of the child. Traditional surrogacy can be accomplished either by intrauterine insemination (IUI) or by in vitro fertilization (IVF). The Traditional Surrogate is inseminated with the Father’s or Donor’s sperm monthly at ovulation until pregnancy occurs.

In gestational surrogacy, the surrogate gives birth to a baby created with an egg and sperm from the "intended parents," or the embryo can be created from a donor egg and/or donor sperm. The majority of surrogates today are gestational carriers and have no genetic relationship to the child born from the arrangement. IVF is used to fertilize the eggs in a laboratory. If the fertilization is successful, a fertility doctor transfers some or all of the resulting embryos (usually two or three) into to the surrogate’s uterus. After delivery, the gestational surrogate immediately surrenders the baby to the intended parent(s).

Many different people could use surrogacy as an option including couples and single women who have had multiple failed pregnancies, inability or difficulty conceiving, inability to carry a fetus to term or Gay male couples who want a child with a genetic link to one of the partners.

Do you work with intended parents from other states?

Even though Sapp Law Office is located in Indiana, we do work with intended parents and gestational surrogates from states all over the country that have legal matters involved in Indiana, including the possibility that their gestational surrogate is a resident or is planning on delivering the child(ren) in Indiana.

Do you arrange traditional surrogacies?

From a legal point of view, traditional surrogacy differs tremendously from gestational surrogacy since the traditional surrogate is genetically related to the child and would have legal and parental rights in the child(ren) born through the traditional surrogacy arrangement. Although we feel that traditional surrogacy is a beautiful act and is the right arrangement for some intended parents, it also raises many legal issues that could cause problems and complications in establishing parentage and may involve costly adoption work. At Sapp Law Office, we limit our legal work to gestational surrogacy arrangements only.  

What if I am a same-sex parent couple, or individual, wanting to use surrogacy to build my family? 

We celebrate diversity and feel that all people should have the right to have a family, irrespective of their sexual orientation or relationship status and we provide a supportive environment at Sapp Law Office. We also hold all of our affiliated professionals to the same high standard. Oftentimes for same sex couples, adoption is a difficult to achieve and surrogacy is a very achievable option. The laws in each state vary greatly, and are constantly evolving, so it is important to speak with an attorney in your state to discuss the requirements for establishing your legal parentage through a surrogacy arrangement. Indiana is favorable when dealing with same-sex couple adoptions and allow both same-sex parents to be named on a birth certificate after an adoption is completed.

Parents with baby

Indiana Surrogacy Law: The Two-Part Legal Process*

There are two-parts to the legal process when engaging in a surrogacy arrangement; the contract enforceability and parentage establishment with the court. While they both stem from the same surrogacy arrangement, the courts in Indiana handle these two processes very differently. Laws stem from statutes and judicial decisions. Indiana has one statute governing surrogacy contracts (or "agreements"). There are also two cases and one statute that provide further guidance on the establishment of parentage when using a gestational surrogate in Indiana. For more information on the laws governing surrogacy arrangements in Indiana, please call to schedule a consultation. We would be happy to assist you in any matters involving gestational surrogacy in Indiana.

Amanda D. Sapp, Esq. can be of assistance in rendering advice on Indiana surrogacy laws, Indiana egg donation laws, Indiana sperm donation laws, or Indiana embryo donation laws. If you reside outside of Indiana, you should always speak with an attorney that is experienced in assisted reproduction law that is licensed to practice in the state at issue since each state's laws differ. Sapp Law Office is located in Indianapolis, Indiana and specializes in assisted reproduction law (surrogacy, egg donation, sperm donation, embryo donation), adoption law, and estate planning law. Although headquartered in Indianapolis, Indiana, Sapp Law Office serves intended parents, gestational surrogate mothers, egg donors, and those with any estate planning needs all across Indiana and other states that have legal issues in Indiana. Sapp Law Office provides quality legal representation to heterosexual, single, and LGBT clients that helps build and protect families. A list of reproductive law services includes drafting and negotiating surrogacy, egg donor, sperm donor, and embryo donation agreements. We also establish legal parentage in the courts through pre- or post-birth orders, or any adoption proceedings. We can also assist clients with any needs in the area of adoption law, including step-parent adoptions, second-parent adoptions, grandparent adoptions, domestic adoptions, and international adoption. Our attorney can also assist with any estate planning law needs to properly plan and secure for your future, especially when there are any children involved. 

*This information is not intended to be a substitute for legal advice from an attorney that is specialized in assisted reproduction law, and this information is not guaranteed to be current or accurate. The area of reproductive law is constantly evolving. Each legal situation is unique and you should always speak with an attorney to further discuss your situation and legal needs.

We work with all situations involving egg donors, sperm donors, surrogates, embryo donation, adoption, and estate planning.

If you would like to discuss an issue involving infertility, assisted reproduction, adoption, or estate planning please feel free to contact us.

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