§ 35-46-5-3 — "Qualified egg bank"; unlawful transfer of human organisms; exceptions; penalties

(a) As used in this section, "lethal fetal
anomaly" means a fetal condition diagnosed before birth that, if the
pregnancy results in a live birth, will with reasonable certainty result
in the death of the child not more than three (3) months after the child's
birth.
(b) As used in this section, "physician" means an individual who:
(1) is licensed to practice medicine in:
(A) Indiana under IC 25-22.5; or
(B) another state in the United States in which the individual is
providing medical services;
(2) is board certified in obstetrics and gynecology; and
(3) oversees medical services related to ovum cryopreservation.
(c) As used in this section, "qualified egg bank" means:
(1) a fertility clinic or similar medical facility that:
(A) is located in the United States;
(B) is accredited by an entity approved by:
(i) the medical licensing board, if the fertility clinic or facility
is located in Indiana; or
(ii) the authorizing state agency or licensing board in the state
in which the fertility clinic or facility is located;
(C) is registered under 21 CFR 1271 with the United States
Food and Drug Administration; and
(D) is owned by, employs, contracts with, or is affiliated with
at least one (1) physician who performs medical services
related to ovum cryopreservation at the fertility clinic or
facility; or
(2) an entity whose primary business purpose includes the
facilitation of in vitro fertilization using cryopreserved ova and
that is registered under 21 CFR 1271 with the United States Food
and Drug Administration.
(d) Except as provided in subsection (e), a person who knowingly
or intentionally purchases or sells a human ovum, zygote, embryo, or
fetus commits unlawful transfer of a human organism, a Level 5 felony.
(e) This section does not apply to the following:
(1) The payment to or receipt by a woman donor of an ovum 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 four thousand
dollars ($4,000);
concerning a treatment or procedure, including ovum
cryopreservation, to enhance human reproductive capability
through in vitro fertilization, gamete intrafallopian transfer, or
zygote intrafallopian transfer.
(2) The payment to or receipt by a qualified egg bank of an
amount for:
(A) the retrieval of a human ovum;
(B) the cryopreservation of a human ovum;
(C) the transportation of a human ovum; or
(D) any other aspect of performing or facilitating services
related to a treatment or procedure to enhance human
reproductive capability through in vitro fertilization.
(3) 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.
(4) The transfer or receipt of a fetus if:
(A) the fetus was diagnosed with a lethal fetal anomaly and
written medical documentation verifies the diagnosis; and
(B) a biological parent has requested, in writing, the transfer of
the fetus for purposes of an autopsy.
(f) Any person who recklessly, knowingly, or intentionally uses a
human embryo created with an ovum provided to a qualified egg bank
under this section for purposes of embryonic stem cell research
commits unlawful use of an embryo, a Level 5 felony.

Legislative History

As added by P.L.126-2005, SEC.10. Amended by P.L.91-2012, SEC.2; P.L.158-2013, SEC.572; P.L.213-2016, SEC.31; P.L.113-2018, SEC.4.