House passes Eberhart’s bill supporting surrogate mothers, intended parents

Posted by: Lydia Kirschner  | Wednesday, February 20, 2019 11:31 am

STATEHOUSE (Feb. 20, 2019) — The Indiana House of Representatives voted in support of State Rep. Sean Eberhart’s (R-Shelbyville) legislation that would allow contracts for gestational surrogacy.

Eberhart said his legislation would establish a system for surrogacy agreements to be implemented in Indiana to ensure the parties involved understand their responsibilities and financial arrangements. Currently, Indiana does not recognize contracts for surrogacy, but the practice is legal.

“This bill provides safeguards for surrogates and biological parents,” Eberhart said. “Without this legislation, no rules exist so either party can do whatever they like with no legal consequences. The guidelines put in place by this bill would prevent situations like the parents abandoning the unborn child, or the surrogate mother keeping the child even though it is not biologically hers.”

A Columbia Law School study found that Indiana is 1 of 4 states where surrogacy contracts are void and unenforceable.

Eberhart said this legislation would put a strong legal framework for surrogacy in place to lower the legal risk for surrogates and intended parents.

House Bill 1369 now moves to the Senate for consideration. To learn more, visit


State Rep. Sean Eberhart (R-Shelbyville) represents House District 57,

which includes Shelby County and portions of Bartholomew and Hancock counties.

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