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IN HB1264
Bill
Status
1/10/2019
Primary Sponsor
Jim Pressel
Click for details
AI Summary
- Creates the crime of fertility fraud as a Level 6 felony when a physician uses their own sperm or egg to treat an infertility patient without informed written consent, or uses donated reproductive material without the donor's consent
- Establishes a civil cause of action allowing patients or surviving spouses to sue physicians for fertility fraud, with prevailing plaintiffs entitled to actual damages or $10,000 liquidated damages plus attorney's fees and treatment costs
- Sets civil statute of limitations at 10 years after the child's 18th birthday, or 20 years after the procedure if no child resulted
- Extends both criminal and civil statutes of limitations by 5 years from discovery of evidence through DNA analysis, discovery of a recording, or confession by the defendant
- 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 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 analysis; (2) the state first becomes aware of the existence of a recording that provides evidence sufficient to charge the offender with the offense; or (3) a person confesses to the offense. Establishes a cause of action for civil fertility fraud and provides that a prevailing plaintiff may be awarded actual damages or liquidated damages of $10,000. Specifies that the statute of limitations for civil fertility fraud is 10 years from the eighteenth birthday of the child, or not later than five years after the earliest of the date on which: (1) the person first discovers evidence sufficient to bring an action against the defendant through DNA analysis; (2) the person first becomes aware of the existence of a recording that provides evidence sufficient to bring an action against the defendant; or (3) the defendant confesses to the offense.
Last Action
First reading: referred to Committee on Public Health
1/10/2019