Citations Affected: IC 16-18; IC 35-46.
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.) Establishes a Class C felony for a person who recklessly,
knowingly, or intentionally uses a human embryo created with an ovum
provided to a qualified third party for purposes of embryonic stem cell
Effective: July 1, 2012.
January 4, 2012, read first time and referred to Committee on Health and Provider
January 25, 2012, amended, reported favorably _ Do Pass.
A BILL FOR AN ACT to amend the Indiana Code concerning
criminal law and procedure.
(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
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 defined in IC 16-18-2-128.5), as long as the biological parent has given written consent for the use of the fetal stem cells.
(d) Any person who recklessly, knowingly, or intentionally uses a human embryo created with an ovum provided to a qualified third party under this section for purposes of embryonic stem cell research commits unlawful use of an embryo, a Class C felony.