Indiana House Bill HB1104

Indiana 2022 Regular Session

• Introduced: 1/4/22
• Refer: 1/4/22

Caption

Assisted reproduction and gestational surrogacy.

Impact

HB1104 marks a substantial shift in Indiana's approach to reproductive technology. By legally recognizing the rights of gestational surrogates and intended parents, the bill seeks to streamline procedures and reduce ambiguities in parentage determinations. It creates a clearer legal landscape for fertility clinics and individuals engaged in reproductive services, aiming to protect the rights of all parties involved, including provisions that prevent gestational agreements from undermining a surrogate's right to make decisions related to the pregnancy.

Summary

House Bill 1104 introduces significant reforms in the areas of assisted reproduction and gestational surrogacy in Indiana. The bill amends existing laws surrounding the testing of donated human sperm and eggs and repeals outdated provisions concerning surrogacy agreements. It establishes a new framework known as the Gestational Surrogacy Act and the Gamete Donation Act. These acts lay out clear guidelines on parentage, prerequisites for surrogacy agreements, procedural requirements, conditions for payment to donors, and the legal standing of agreements within Indiana's legal framework.

Contention

Despite its aim to provide clarity, HB1104 has raised points of contention, especially regarding the rights of gestational surrogates. Critics express concern that the bill's emphasis on intended parents' rights might undermine the autonomy of surrogates, especially in terms of their decision-making regarding pregnancy. Furthermore, provisions that limit spousal consent and address posthumous gamete retrieval have sparked debate concerning ethical implications and the definition of parentage, which will likely become focal points during discussions in legislative sessions.