Introduced Version






SENATE BILL No. 477

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DIGEST OF INTRODUCED BILL



Citations Affected: IC 34-12-1.1.

Synopsis: Negligent sterilization. Prohibits the parent of a child, who was conceived and born healthy after the performance of a medical sterilization procedure, from suing for negligence. Also prohibits the child from suing.

Effective: July 1, 2002.





Ford




    January 14, 2002, read first time and referred to Committee on Judiciary.







Introduced

Second Regular Session 112th General Assembly (2002)


PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
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SENATE BILL No. 477



    A BILL FOR AN ACT to amend the Indiana Code concerning civil procedure.

Be it enacted by the General Assembly of the State of Indiana:

    SECTION 1. IC 34-12-1.1 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]:
    Chapter 1.1 Negligently Performed Sterilization Procedures
    Sec. 1. (a) This section applies only to the parents of a child who:
        (1) was conceived after the performance of a medical sterilization procedure on the child's parent; and
        (2) is born without significant health problems.
    (b) A parent may not maintain a cause of action or receive an award of damages based on a claim that, but for negligence in the performance of a medical sterilization procedure, the female parent would not have:
        (1) become pregnant after the performance of the medical sterilization procedure; and
        (2) subsequently given birth to a child described in subsection (a).
    Sec. 2. (a) This section applies only to an individual who:


        (1) is conceived after the performance of a medical sterilization procedure on the individual's parent; and
        (2) is born without significant health problems.
    (b) An individual may not maintain a cause of action or receive an award of damages based on a claim that, but for negligence in the performance of a medical sterilization procedure on the individual's parent, the individual would not have been born.
    Sec. 3. (a) This chapter does not prohibit a cause of action by a parent or an award of damages to a parent based on a claim that a negligently performed medical sterilization procedure resulted in physical injury or death to the parent.
    (b) This chapter does not prohibit a cause of action by an individual or an award of damages to an individual based on a claim that a negligently performed medical sterilization procedure on the individual's parent resulted in injury or death to the individual, following the individual's birth.