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Legislative Update

Fertility fraud and deception

April 5, 2019 Filed Under: Civil

For amend and vote only, the House Judiciary Committee heard SB 174 on fertility fraud and deception, sponsored by Rep. Pressel.  The bill establishes a cause of action for civil fertility fraud and provides that a prevailing plaintiff may be awarded: (1) compensatory and punitive damages; or (2) liquidated damages of $10,000 and specifies the statute of limitations for civil fertility fraud. The bill also increases the penalty for deception involving the identity of a person or the identity or quantity of property to a Level 6 felony if the offense involves a misrepresentation relating to: (1) a medical procedure, device, or drug; or (2) human reproductive material and urges the legislative council to assign the topic of fertility laws to an appropriate study committee.  The bill was amended by consent to delete “or” and insert “and” on page 4, line 21 of the bill.
The amended bill passed 12-0.
Read the bill at http://iga.in.gov/legislative/2019/bills/senate/174

Filed Under: Civil Tagged With: cause of action

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