James Taylor and Brooke Aders-Taylor of Indianapolis are navigating the complex world of surrogacy, only to discover significant legal challenges that have impacted their attempt to expand their family. After undergoing in-vitro fertilization without success, the couple sought the assistance of a surrogate, believing they had taken all the necessary precautions to ensure a successful process.
The couple initially partnered with a surrogacy agency and hired their own attorney to draft agreements, depositing over $100,000 into an escrow account. However, their experience quickly turned sour when they faced repeated financial requests from the agency without having met the surrogate. “We just said, ‘Hey, what about this introduction?‘ Like we want to start establishing this relationship with this person,” Aders-Taylor recalled. This lack of personal connection left them feeling more like an “ATM” than prospective parents.
Ultimately, the agency and surrogate cancelled their agreements, citing a clause in their contract that allows withdrawal before an embryo transfer. This led the couple to a shocking discovery: surrogacy contracts in Indiana are considered void and unenforceable. “It’s basically nothing more than a handshake,” Aders-Taylor stated, reflecting on their ordeal.
According to Jody Madeira, a professor at the Indiana University Maurer School of Law, the state’s public policy views surrogacy unfavorably, primarily due to concerns over the commercialization of children and the commodification of reproduction. Although surrogacy agreements lack enforceability, there are potential workarounds for couples maintaining a good relationship with their surrogate.
In Indiana, the woman who gives birth is recognized as the legal mother, regardless of biological ties. To alter this designation, intended parents must complete paperwork either prior to the birth to be listed on the birth certificate or afterward to establish custody. “We have Indiana courts that have given pre-birth orders, and we have Indiana courts that basically will not enforce the surrogacy contract,” Madeira explained. “But, they will allow intended parents to essentially complete an adoption.”
Despite recovering most of their escrow funds, Taylor and Aders-Taylor estimate they lost about $20,000 in this process, along with precious time in their quest to grow their family. “Money comes and goes. We’re going to leave this earth without it,” Aders-Taylor reflected. “But we’re not going to get that time back.”
Efforts to change surrogacy laws in Indiana have not yet succeeded, leaving the matter largely in the hands of state legislation. The federal government traditionally does not intervene in family law, which complicates the situation for couples like the Taylors who are exploring surrogacy as a viable path to parenthood.