WATCH: Is there a statute governing parentage that could affect children born via ART in Indiana?

Jennifer J. Hostetter answers:

There are several statutes in Indiana that could affect children born as a result of assisted reproduction. The Indiana paternity statutes presume a man is a child’s biological father if the child is born during the marriage or within 300 days of termination of the marriage due to death, dissolution, or annulment. This could have both negative and positive effects on children born through the use of A.R.T.

This can be an issue if a couple enters into a gestational surrogacy agreement with a woman who is married because the carrier’s husband would be the presumed biological father of the child. This issue can be addressed by obtaining a pre-birth parentage order that recognizes the intended mother and intended father as the child’s legal and biological parents. If a pre-birth parentage order is obtained, the carrier’s husband is no longer the presumed biological parent.
This can also be beneficial when a married couple obtains a donor embryo, and the embryo is transferred to the intended mother’s uterus. Assuming this couple is married at the time of birth, the father would be the presumed biological father.