CHAPTER 1. SURROGATE AGREEMENTS

IC 31-20

    ARTICLE 20. FAMILY LAW: HUMAN
REPRODUCTION



IC 31-20-1

    

Chapter 1. Surrogate Agreements

IC 31-20-1-1

Public policy declaration

    

Sec. 1. The general assembly declares that it is against public
policy to enforce any term of a surrogate agreement that requires a
surrogate to do any of the following:

        (1) Provide a gamete to conceive a child.

        (2) Become pregnant.

        (3) Consent to undergo or undergo an abortion.

        (4) Undergo medical or psychological treatment or examination.

        (5) Use a substance or engage in activity only in accordance
with the demands of another person.

        (6) Waive parental rights or duties to a child.

        (7) Terminate care, custody, or control of a child.

        (8) Consent to a stepparent adoption under IC 31-19 (or
IC 31-3-1 before its repeal).

As added by P.L.1-1997, SEC.12.

IC 31-20-1-2

Void agreements

    

Sec. 2. A surrogate agreement described in section 1 of this
chapter that is formed after March 14, 1988, is void.

As added by P.L.1-1997, SEC.12.

IC 31-20-1-3

Best interests of child; basis for court decisions

    

Sec. 3. After March 14, 1988, a court may not base a decision
concerning the best interests of a child in any civil action solely on
evidence that a surrogate and any other person:

        (1) entered into a surrogate agreement; or

        (2) acted in accordance with a surrogate agreement;

unless a party proves that the surrogate agreement was entered into
through duress, fraud, or misrepresentation.

As added by P.L.1-1997, SEC.12.