42 U.S.C. § 289g — Fetal research

(a) The Secretary cannot conduct or support research on a living human fetus outside the womb — one that cannot survive on its own, or one whose ability to survive hasn't been determined. This applies whether the research happens in the United States or another country. There are two exceptions. The research is allowed if it might improve the fetus's well-being, meet its health needs, or improve its chances of surviving to viability. The research is also allowed if it adds no extra risk of suffering, injury, or death to the fetus, and its purpose is to develop important medical knowledge that cannot be gained any other way. (b) This subsection covers federal regulations that protect people in research studies. It applies when those regulations govern research the Secretary conducts or supports, involve living fetuses still inside the mother's womb, and appear in section 46.208 of part 46 of title 45 of the Code of Federal Regulations, or whatever regulation replaces it. For that research, the Secretary must apply the same risk standard — found in section 46.102(g) of that same part, or its successor — to fetuses that will be aborted and to fetuses that will be carried to term. The rules cannot be stricter for one group than the other.