Indiana Code

Ind. Code § 16-34-4-1 (2026)

"Any other disability"

✓ current as of May 2026
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     Sec. 1. (a) As used in this chapter, "any other disability" means any disease, defect, or disorder that is genetically inherited. The term includes the following:

(1) A physical disability.

(2) A mental or intellectual disability.

(3) A physical disfigurement.

(4) Scoliosis.

(5) Dwarfism.

(6) Down syndrome.

(7) Albinism.

(8) Amelia.

(9) A physical or mental disease.

     (b) The term does not include a lethal fetal anomaly.

As added by P.L.213-2016, SEC.22.

 

Notes of Decisions
Cited in 4 cases, 2017–2019 · leading case: Box v. Planned Parenthood of Indiana & Kentucky, Inc., 139 S. Ct. 1780 (2019).
Box v. Planned Parenthood of Indiana & Kentucky, Inc., 139 S. Ct. 1780 (2019). “" Ind. Code § 16-34-4-1 et seq. This statute makes it illegal for an abortion provider to perform an abortion in Indiana when the provider knows that the mother is seeking the abortion solely because of the child's race, sex, diagnosis of Down syndrome, disability, or related…”
Planned Parenthood of Indiana & Kentucky, Inc. v. Comm'r, Indiana State Dep't of Health, 265 F. Supp. 3d 859 (S.D. Ind. 2017). · cites it 2× “See Ind. Code § 16-34-4-1 et seq. HEA 1337 creates several new provisions and amends several others regarding Indiana’s regulation of abortion and practices related to abortions.”
Planned Parenthood of Ind. & Ky., Inc. v. Comm'r of the Ind. State Dep't of Health, 917 F.3d 532 (7th Cir. 2018). “Ind. Code §§ 16-34-4-1 to 16-34-4-9. The second, which I call the disposal statute, requires fetal remains to be cremated or buried; they cannot be placed in medical trash, although the remains of multiple fetuses may be incinerated together.”
Planned Parenthood of Indiana v. Comm'r of the Indiana St (7th Cir. 2018). “Ind. Code §§ 16-34-4-1 to 16-34-4-9. The second, which I call the disposal statute, requires fetal remains to be cremated or buried; they cannot be placed in medical trash, although the remains of multiple fetuses may be incinerated together.”
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