All surrogacy contracts are prohibited by law, null and void, and are not enforceable by any court of law in this jurisdiction.

In Indiana however, there may be unique circumstances where an intended mother of a child born through gestational surrogacy might be recognized as a parent without a legal adoption procedure.

In the case where an intended mother is also the genetic mother, she may be recognized as the parent instead of the surrogate mother.

In one court ruling, a non-genetic intended mother was granted parental rights based on her marriage to the biological father, and via his actions in recognizing and treating the intended mother as a parent; but solely due to the fact that the surrogate mother did not want to be the parent.

State law of Indiana does not define whether compensation may be paid in excess of the reimbursement of expenses.

In general, people enter into gestational surrogacy agreements in the state of Indiana, although these contracts are not recognizable or enforceable in the court of law of the state. Some legal representatives and agencies claim that in some cases, intended parents are able to get a court order to be recognized as parents without an adoption proceeding.