Assisted reproduction and gestational surrogacy

The House Judiciary Committee heard Rep. Eberhart’s HB 1369 on assisted reproduction and gestational surrogacy. The bill amends provisions regarding testing of donated human sperm and eggs and repeals current Indiana law regarding surrogacy agreements. It also enacts the gestational surrogacy act, which establishes:

  • presumptions regarding parentage;
  • prerequisites for individuals who wish to enter into a gestational surrogacy agreement;
  • procedural requirements for gestational surrogacy;
  • requirements for gestational surrogacy agreements;
  • support obligations with regard to a child born as the result of gestational surrogacy;
  • remedies for breach of a gestational surrogacy agreement; and
  • provisions for determination of jurisdiction over litigation regarding a gestational surrogacy agreement.

Additionally, the bill enacts the gamete donation act, which establishes:

  • presumptions regarding parentage of a child born as the result of gamete donation;
  • prerequisites for individuals who wish to enter into a gamete donation agreement;
  • procedural requirements for gamete donation;
  • requirements for gamete donation agreements;
  • provisions regarding parentage of a child born posthumously to a gamete donor;
  • remedies for breach of a gamete donation agreement; and
  • provisions for determination of jurisdiction over litigation regarding a gamete donation agreement.
  • increases the maximum amount an ovum donor may be compensated for the donor’s recovery time from $4,000 to $6,000

The bill was amended by consent to incorporate parts of the American Bar Association’s model bill that was recently released. Attorneys and a nurse that work in reproductive technology testified in favor of the bill. A representative from the Indiana Catholic Conference testified against the bill. A representative from the Hoosier State Press Association testified about their concerns with Sec. 32 making the case confidential.  The amended bill passed 9-1.

Read the bill at: http://iga.in.gov/legislative/2019/bills/house/1369