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On October 31, 2013, the Indiana Court of Appeals issued an opinion in the matter of A.C. v. N.J., a custody dispute that involved a same-sex couple and the child that they conceived together through artificial reproductive technology (“ART”). In that opinion, the court called on the Indiana legislature to fill the gap in Indiana law for non-traditional families such as this one. This occasion was not the first time, nor will it likely be the last, that a court has asked the legislature to devise a legal framework for the growing number of non-traditional families in Indiana; however, the legislature has yet to act. Despite the rapidly growing number of families created by same-sex and heterosexual couples through ART, Indiana law has yet to grow with them. Indiana law currently defines “parent” narrowly, which ultimately results in some children being deprived of fundamental parental relationships; families that are unrecognized by Indiana law; and judges sorting out this legal uncertainty in court rooms. Part I of this Note gives a brief overview of the history of parentage laws in the United States and discusses how the U.S. Supreme Court established a standard for determining paternity that defined a father’s constitutional right to be a parent. Next, Part II discusses the current state of Indiana statutes and case law as they pertain to families and parentage, and demonstrates how these tools are failing Indiana families. This lack of guidance creates practical problems in Indiana courts, generates uncertainty among families, and often deprives children of important relationships in their lives. Part III discusses the nature of the problem as the numbers of non-traditional families in Indiana and the United States grow, and shows that the children of these families have similar due process and equal protection rights to a family that the U.S. Supreme Court has recognized for adults. Finally, Part IV explores ways to fill Indiana’s legal gap, ultimately proposing that Indiana adopt its own version of the Uniform Parentage

Protecting the Rights of Children of Same-Sex Parents in Indiana by Adopting a Version of the Uniform Parentage Act