Introduced Version




Citations Affected: IC 35-46-5-3.

Synopsis: Transfer of human organisms exemption. Exempts from the crime of unlawful transfer of a human organism certain types of payments to a fertility clinic that meets specified requirements. Provides that not more than $4,000 may be paid to a woman donor or exempted fertility clinic for recovery time. (Current law provides that not more than $3,000 may be paid to a woman donor for recovery time.)

Effective: July 1, 2012.


    January 4, 2012, read first time and referred to Committee on Health and Provider Services.


Second Regular Session 117th General Assembly (2012)

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    A BILL FOR AN ACT to amend the Indiana Code concerning criminal law and procedure.

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

SOURCE: IC 35-46-5-3; (12)IN0201.1.1. -->     SECTION 1. IC 35-46-5-3, AS ADDED BY P.L.126-2005, SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 3. (a) As used in this section, "qualified third party" means a fertility clinic or similar medical facility that:
        (1) is accredited by an entity approved by the medical licensing board;
        (2) is registered under 21 CFR 1271 with the United States Food and Drug Administration; and
        (3) employs a physician licensed under IC 25-22.5 who:
            (A) is board certified in obstetrics and gynecology; and
            (B) performs oocyte cryopreservation at the facility.

    (a) (b) A person who knowingly or intentionally purchases or sells a human ovum, zygote, embryo, or fetus commits unlawful transfer of a human organism, a Class C felony.
    (b) (c) This section does not apply to the following:
        (1) The transfer to or receipt by either a woman donor of an ovum or a qualified third party of an amount for:
            (A) earnings lost due to absence from employment;
            (B) travel expenses;
            (C) hospital expenses;
            (D) medical expenses; and
            (E) recovery time in an amount not to exceed three four thousand dollars ($3,000); ($4,000);
        concerning a treatment or procedure to enhance human reproductive capability through in vitro fertilization, gamete intrafallopian transfer, or zygote intrafallopian transfer.
        (2) The following types of stem cell research:
            (A) Adult stem cell.
            (B) Fetal stem cell, as long as the biological parent has given written consent for the use of the fetal stem cells.