Indiana Passes Fertility Fraud Bill

Thanks to the hard work of DCP Matt White and his mother Liz, people in Indiana will be able to bring a civil suit against health care providers who use their own gametes without the patient’s consent starting on July 1st, 2019.

While an early version of the bill included the possibility of criminal charges, that provision was stripped by the Senate Corrections and Criminal Law Committee. SB174 was then passed to the Senate Judiciary Committee before moving to the full Senate, and then finally was signed into law by Governor Eric Holcomb.

Fertility fraud and deception. Establishes a cause of action for civil fertility fraud and provides that a prevailing plaintiff may be awarded: (1) compensatory and punitive damages; or (2) liquidated damages of $10,000. Specifies the statute of limitations for civil fertility fraud. Increases the penalty for deception involving the identity of a person or the identity or quantity of property to a Level 6 felony if the offense involves a misrepresentation relating to: (1) a medical procedure, device, or drug; and (2) human reproductive material. Urges the legislative council to assign the topic of fertility laws, including gestational surrogacy, to an appropriate study committee.

Indiana Senate Bill 174 Digest

This is an essential step toward holding fertility professionals accountable for their actions.