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IN SB0239
Bill
AI Summary
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Creates the criminal offense of "fertility fraud" as a Level 6 felony when a physician uses their own sperm or egg to treat a patient for infertility without the patient's informed written consent, or uses donated reproductive material without the donor's consent
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Establishes a civil cause of action for fertility fraud, allowing the woman who gave birth, her surviving spouse, or the donor to sue the physician for actual damages or liquidated damages of $10,000, plus attorney's fees and treatment costs
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Sets the civil statute of limitations at 10 years after the child's 18th birthday, or 20 years after the procedure if no child resulted
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Allows both criminal and civil cases otherwise barred by the statute of limitations to proceed if filed within 5 years of discovering evidence through DNA analysis, becoming aware of a recording providing evidence, or receiving a confession from the defendant
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Explicitly excludes civil fertility fraud claims from the definition of medical malpractice under Indiana law
Legislative Description
Fertility fraud. Provides that a physician who treats a patient of that physician for infertility: (1) by using the physician's own spermatozoon or ovum, without the patient's consent; or (2) by using donated human reproductive material without the consent of the donor; commits fertility fraud, a Level 6 felony. Provides that a prosecution for criminal fertility fraud that would otherwise be barred by the statute of limitations may be brought not later than five (5) years after the earliest of the date on which: (1) the state first discovers evidence sufficient to charge the offender with the offense through DNA
Last Action
Senator Delph added as second author
1/29/2018