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means money, real estate, funeral related expenses,
and personal property. “Item of value” does not
include:
(1) the reasonable payments associated
with the removal, transportation, implan-
tation, processing, preservation, quality
control, and storage of a human organ; or
(2) the reimbursement of travel, housing,
lost wages, and other expenses incurred by
the donor of a human organ related to the
donation of the human organ.
(d) A person who intentionally acquires,
receives, sells, or transfers in exchange for an
item of value:
(1) a human organ for use in human organ
transplantation; or
(2) fetal tissue;
commits unlawful transfer of human tissue, a
Level 5 felony.
35-46-5-2. Unlawful cloning.
(a) This section does not apply to in vitro fer-
tilization.
(b) As used in this section, “cloning” has the
meaning set forth in IC 16-18-2-56.5.
(c) A person who knowingly or intentionally:
(1) participates in cloning;
(2) implants or attempts to implant a
cloned human embryo into a uterine envi-
ronment to initiate a pregnancy; or
(3) ships or receives a cloned human
embryo;
commits unlawful participation in human cloning,
a Level 6 felony.
35-46-5-3. Unlawful transfer of human
organism.
(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 follow-
ing:
(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 intrafal-
lopian 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.
35-46-5-4. Falsification of documents for
organ or tissue research or trans-
plantation.
An individual who, in order to obtain a finan-
cial gain, intentionally falsifies, forges, conceals,
defaces, or obliterates a document that:
(1) expresses;
(2) makes an amendment or revocation
of: or
(3) refuses;
a gift of organs, tissues, eyes, or other body parts
intended to be used in research or in transplants,
commits a Class A misdemeanor.
