The journey to parenthood can stretch across borders. For many families in Indiana, international surrogacy offers a hopeful path toward building a family.
However, when your journey crosses oceans, it also crosses a complex web of varying legal jurisdictions and international treaties. At Foster + Bloom, our international surrogacy lawyers provide the specialized oversight needed to navigate the laws of multiple countries while ensuring your parental rights are fully protected back home in Indiana.
Why International Surrogacy Requires Legal Guidance
International surrogacy is defined by the coordination of legal standards between two or more countries. It is not simply a medical process; it is a high-stakes legal undertaking.
Without a dedicated international surrogacy lawyer, intended parents and surrogates may face conflicting laws regarding who is considered the “legal” parent at the moment of birth. Legal counsel ensures that legal contracts for international surrogacy arrangements are drafted to satisfy both the country where the child is born and the requirements for U.S. recognition.
Is International Surrogacy Legal in Indiana?
Navigating international surrogacy as an Indiana resident requires careful planning. While Indiana statute (IC §31-20-1-1) declares surrogacy agreements “void and unenforceable” within the state, this does not prohibit you from pursuing a journey abroad.
However, it does mean that the legal steps you take in a foreign country must be precisely aligned with how Indiana and the U.S. government recognize parentage. To ensure a safe path, families must choose countries that are surrogacy-friendly and have established legal frameworks that the U.S. Department of State can recognize.
Legal Risks and Complexities in International Surrogacy
The risks of an unguided journey are significant. Some of the most critical challenges include:
- Statelessness: If a child is not recognized as a citizen of the birth country or the U.S., they could become a stateless child without citizenship to any country.
- Blocked Exit: Without proper documentation, families may find themselves unable to leave the birth country with their baby.
- Non-Recognition of Parentage: A foreign birth certificate may not be enough to grant you full legal rights in Indiana without a domestication of foreign surrogacy judgment.
What Surrogates Need to Know About Cross-Border Surrogacy
If you are a gestational carrier involved in an international arrangement, your rights must be at the forefront.
International surrogacy arrangement legal regulation can vary wildly. At Foster + Bloom, we advocate for ethical surrogacy. This means ensuring you have independent legal representation to review legal contracts and international surrogacy terms, securing your right to high-quality healthcare, and ensuring that compensation is handled through secure, transparent channels.
How Foster + Bloom Supports International Surrogacy Clients
As a leading international surrogacy center for legal advocacy, we provide proactive planning that begins long before a pregnancy.
Our international surrogacy attorneys offer:
- Country-Specific Analysis: Helping you understand where is international surrogacy legal and which countries align with your family goals.
- Citizenship Coordination: Serving as your CRBA lawyer to ensure your child’s U.S. citizenship is recognized immediately.
- Parental Rights Security: Managing second parent adoption after international surrogacy or domestication in Indiana courts.
The International Surrogacy Process, Step by Step
Step 1 Consultation & Planning: We review international surrogacy law standards to select the safest jurisdiction for your path.
Step 2 Contracting: Drafting or reviewing international agreements to ensure they meet U.S. parentage standards.
Step 3 Pregnancy & Birth: Coordination with foreign counsel and agencies to prepare for the delivery.
Step 4 Consular Processing: Gathering documents for the birth certificate and filing for the child’s U.S. passport.
Step 5 Indiana Finalization: Domesticating the foreign order or completing a confirmatory adoption to secure your rights forever.
Establishing U.S. Citizenship and Legal Parentage
Securing your child’s future is the final, most vital step. For citizenship transmission, specific requirements must be met under U.S. law.
Our team guides you through steps like DNA testing and the Consular Report of Birth Abroad (CRBA) process. Once home, we help you navigate the Indiana court system to ensure your foreign judgment is recognized, providing you with an Indiana-issued birth certificate and a lifetime of legal peace of mind.
Schedule a Consultation Today
Whether you are just beginning to ask where surrogacy is legal or you are already in the middle of a global journey, Foster + Bloom is here to guide you home. Our international surrogacy specialists combine authoritative legal expertise with the empathy your family deserves.