Ind. Code ch. 34-24-5

in effect

Ind. Code § 34-24-5-1 Definitions

Sec. 1. The following definitions apply throughout this chapter: (1) "Human reproductive material" means: (A) a human spermatozoon or ovum; or (B) a human organism at any stage of development from fertilized ovum to embryo. (2) "Physician" means a physician licensed under IC 25-22.5. (3) "Health care provider" has the meaning set forth in IC 34-30-12.5-2. As added by P.L.215-2019, SEC.2.

Ind. Code § 34-24-5-2 Cause of action for civil fertility fraud by patient

Sec. 2. A: (1) woman who gives birth to a child after being treated for infertility by a physician; (2) spouse of the woman; (3) surviving spouse of the woman; or (4) child born as a result of the actions of a physician described in this chapter; may bring an action against a health care provider who knowingly or intentionally treated the woman for infertility by using the health care provider's own spermatozoon or ovum, without the patient's informed written consent to treatment using the spermatozoon or ovum. As added by P.L.215-2019, SEC.2.

Ind. Code § 34-24-5-3 Cause of action for civil fertility fraud by donor

Sec. 3. A donor of human reproductive material may bring an action against a health care provider who: (1) treats a patient for infertility by using human reproductive material donated by the donor; and (2) knows or reasonably should have known that the human reproductive material was used: (A) without the donor's consent; or (B) in a manner or to an extent other than that to which the donor consented. As added by P.L.215-2019, SEC.2.

Ind. Code § 34-24-5-4 Remedies; attorney's fees, costs, and liquidated damages

Sec. 4. A plaintiff who prevails in an action under this chapter is entitled to reasonable attorney's fees, the costs of the fertility treatment (in an action brought under section 2 of this chapter), and: (1) compensatory and punitive damages; or (2) liquidated damages of ten thousand dollars ($10,000). As added by P.L.215-2019, SEC.2.

Ind. Code § 34-24-5-5 Separate causes of action

Sec. 5. (a) A person who brings an action under section 2 of this chapter has a separate cause of action for each child born as the result of the fraudulent fertility treatment. (b) A person who brings an action under section 3 of this chapter has a separate cause of action for each individual who received fertility treatment with the donor's human reproductive material. As added by P.L.215-2019, SEC.2.

Ind. Code § 34-24-5-6 Other legal remedies not affected

Sec. 6. Nothing in this chapter may be construed to prohibit a person from pursuing any other remedy provided by law. As added by P.L.215-2019, SEC.2.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/34Fetched: 10/17/2026