1. (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.

2. (b) As used in this section, "qualified third party" means a fertility clinic or similar medical facility that:

   1. (1) is accredited by an entity approved by the medical licensing board;
   2. (2) is registered under 21 CFR 1271 with the United States Food and Drug Administration; and

   3. (3) employs a physician licensed under IC 25-22.5 who:

      1. (A) is board certified in obstetrics and gynecology; and
      2. (B) performs oocyte cryopreservation at the facility.
3. (c) 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.

4. (d) This section does not apply to the following:

   1. (1) The transfer to or receipt by either a woman donor of an ovum or a qualified third party of an amount for:

      1. (A) earnings lost due to absence from employment;
      2. (B) travel expenses;
      3. (C) hospital expenses;
      4. (D) medical expenses; and

      5. (E) recovery time in an amount not to exceed four thousand dollars ($4,000);

         concerning a treatment or procedure to enhance human reproductive capability through in vitro fertilization, gamete intrafallopian transfer, or zygote intrafallopian transfer.

   2. (2) The following types of stem cell research:

      1. (A) Adult stem cell.
      2. (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.

   3. (3) The transfer or receipt of a fetus if:

      1. (A) the fetus was diagnosed with a lethal fetal anomaly and written medical documentation verifies the diagnosis; and
      2. (B) a biological parent has requested, in writing, the transfer of the fetus for purposes of an autopsy.
5. (e) 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 Level 5 felony.

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.