• Right to Life

FAQ about Protection of Life HB1539

Updated: Feb 2

What is the bill about?

House Bill 1539, authored by Rep. Curt Nisly, co-authored by Rep. John Jacob, was created with the intention of abolishing abortion in the state of Indiana.


Repeals the statutes authorizing and regulating abortion. Finds that human physical life begins when a human ovum is fertilized by a human sperm. Asserts a compelling state interest in protecting human physical life from the moment that human physical life begins. Provides that court decisions to enjoin the law are void. Specifies the duty of Indiana officials to enforce the law. Specifies that federal officials attempting to enforce contrary court orders against Indiana officials enforcing the law shall be subject to arrest by Indiana law enforcement. Redefines "human being" for purposes of the criminal code to conform to the finding that human physical life begins when a human ovum is fertilized by a human sperm. Makes other conforming changes.


HB1089 does the following:

  • Protects life from fertilization by banning abortion. “Indiana asserts a compelling state interest in protecting human physical life from the moment that human physical life begins.”

  • Redefines a person. “The general assembly finds that human physical life begins when a human ovum is fertilized by a human sperm.”

  • Provides protection for a fetus born alive (i.e. during botched abortions). “Any fetus born alive shall be treated as a person under the law…”

  • Repeals the statutes authorizing and regulating abortion.

  • Provides that court decisions to enjoin the law are void.

  • Redefines “human being” for the purposes of the criminal code to conform to the finding that human physical life begins when a human ovum is fertilized by a human sperm. Any person involved in the abortion would be liable for criminal charges.

Bottom line, if passed this bill would completely abolish abortion in the state of Indiana. Similar bills have been submitted 4 times prior in Indiana but have not yet made it out of committee.


Are there any concerns about this bill?

There are concerns that even if the bill was passed it would be immediately repealed because the law of Roe v. Wade takes precedence. This bill cannot withstand court challenge as long as Roe is in place.