WATCH: Does Indiana have paternity statutes, residency requirements, or adoption laws that could have an impact on whether or not legal parentage of a child born via third party reproduction will be permitted?

Jennifer J. Hostetter answers:

There are several statutes and other authorities that could have an impact on whether or not legal parentage of a child born via third party reproduction will be permitted. In Indiana, so long as the child is biologically related to both the intended mother and the intended father, the intended parents can obtain a pre-birth parentage order that legally recognizes them as the biological and legal parents of the child prior to his or her birth. Among many things, this gives the intended parents the ability to place the child on their health insurance prior to the birth, name the child at the hospital, make all decisions for the child at the hospital, and have the child discharged directly to them from the hospital.

If only one parent is biologically related to the child, that parent can also obtain a pre-birth parentage order prior to the child’s birth. The parent not related to the child will be required to petition the court for an adoption after the birth of the child because Indiana does not allow for pre-birth parentage orders or pre-birth adoption for a child that is not biologically related to a person.

If neither parent is biologically related to the child, they will be required to adopt the child after birth. They will likely be required to submit to criminal back ground checks, an adoption home study, and will need the consent of the birth mother and biological father. The hospital will not be permitted to discharge the child to them from the hospital or allow them to name the child or make decisions for the child while at the hospital.