What are the laws related to surrogacy in the United States?
Surrogacy laws vary from state to state in the United States. In Indiana, surrogacy is legal and is considered a legitimate option for couples, same-sex couples, and single individuals. The intended parent(s) are usually the legal parent(s) of the child and the surrogate is not typically granted any parental rights. Indiana law states that the surrogate mother must be at least 21 years old, mentally fit, and willing to accept the process and all of the legal and financial responsibilities that come with it. Additionally, people cannot be paid for their services as a surrogate mother. In other words, all compensation must be for out-of-pocket medical expenses, pregnancy-related costs, or lost wages due to medical treatment. In Indiana, a pre-birth order must be granted in order for the intended parent(s) to receive legal custody of the baby immediately upon birth. This requires a surrogacy contract to be drafted and signed by both parties, as well as a medical review and psychological evaluation of the intended parents. The surrogate mother will also need to provide a letter of consent stating that she wishes to enter into a surrogacy agreement. Ultimately, surrogacy laws in the United States are complicated, and Indiana is no exception. It is important for those considering surrogacy to seek legal counsel to make sure all steps are completed according to the laws of the state.
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