Indiana Code 34-11-2-15. Civil fertility fraud
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Sec. 15. (a) Except as provided in subsection (b), an action for civil fertility fraud (IC 34-24-5) must be commenced not later than:
(2) if subdivision (1) does not apply, twenty (20) years after the procedure was performed.
(1) ten (10) years after the eighteenth birthday of the child; or
Terms Used In Indiana Code 34-11-2-15
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Fraud: Intentional deception resulting in injury to another.
- person: has the meaning set forth in IC 34-6-2-103(b). See Indiana Code 34-11-2-11.5
(b) An action for civil fertility fraud that would otherwise be barred under this section may be commenced not later than five (5) years after the earliest of the date on which:
(1) the person first discovers evidence sufficient to bring an action against the defendant through DNA (deoxyribonucleic acid) analysis;
(2) the person first becomes aware of the existence of a recording (as defined in IC 35-31.5-2-273) that provides evidence sufficient to bring an action against the defendant; or
(3) the defendant confesses to the offense.
As added by P.L.215-2019, SEC.1.