exceptions; penalties Sec. 3. (a) As used in this section, “qualified third party” means a fertility clinic or similar medical facility that:
(1) is accredited by an entity approved by the medical licensing board;
(2) is registered under 21 CFR 1271 with the United States Food and Drug Administration; and
(3) employs a physician licensed under IC 25-22.5 who: (A) is board certified in obstetrics and gynecology; and (B) performs oocyte cryopreservation at the facility.
(b) 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.
(c) This section does not apply to the following:
(1) The transfer to or receipt by either a woman donor of an ovum or a qualified third party 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 to enhance human reproductive capability through in vitro fertilization, gamete intrafallopian transfer, or zygote intrafallopian transfer.
(2) 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.
(d) 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.