42 U.S.C. § 289g–2 — Prohibitions regarding human fetal tissue
submitted 82 years ago by Pub. L. 103-43 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 399 words · no verdicts yet
It's a federal crime to buy or sell human fetal tissue across state lines. It's also a crime to accept fetal tissue for transplant under certain conditions, like a promised specific recipient. Getting pregnant on purpose to produce fetal tissue, or using tissue grown in an animal, is also illegal. Violators face fines or up to 10 years in prison.
It shall be unlawful for any person to knowingly acquire, receive, or otherwise transfer any human fetal tissue for valuable consideration if the transfer affects interstate commerce.
It shall be unlawful for any person to solicit or knowingly acquire, receive, or accept a donation of human fetal tissue for the purpose of transplantation of such tissue into another person if the donation affects interstate commerce, the tissue will be or is obtained pursuant to an induced abortion, and—
the donation will be or is made pursuant to a promise to the donating individual that the donated tissue will be transplanted into a recipient specified by such individual;
the donated tissue will be transplanted into a relative of the donating individual; or
the person who solicits or knowingly acquires, receives, or accepts the donation has provided valuable consideration for the costs associated with such abortion.
It shall be unlawful for any person or entity involved or engaged in interstate commerce to—
solicit or knowingly acquire, receive, or accept a donation of human fetal tissue knowing that a human pregnancy was deliberately initiated to provide such tissue; or
knowingly acquire, receive, or accept tissue or cells obtained from a human embryo or fetus that was gestated in the uterus of a nonhuman animal.
Any person who violates subsection (a), (b), or (c) shall be fined in accordance with title 18, subject to paragraph (2), or imprisoned for not more than 10 years, or both.
With respect to the imposition of a fine under paragraph (1), if the person involved violates subsection (a) or (b)(3), a fine shall be imposed in an amount not less than twice the amount of the valuable consideration received.
For purposes of this section:
The term “human fetal tissue” has the meaning given such term in section 289g–1(g) of this title.
The term “interstate commerce” has the meaning given such term in section 321(b) of title 21.
The term “valuable consideration” does not include reasonable payments associated with the transportation, implantation, processing, preservation, quality control, or storage of human fetal tissue.
Source credit: (July 1, 1944, ch. 373, title IV, § 498B, as added Pub. L. 103–43, title I, § 112, June 10, 1993, 107 Stat. 131; amended Pub. L. 109–242, § 2, July 19, 2006, 120 Stat. 570.)
- 1944Enacted · Pub. L. 103-43 · 107 Stat. 131
- 2006Amended · Pub. L. 109-242 · 120 Stat. 570
A history note hasn’t been published yet. The record shows enactment by Pub. L. 103-43 on 1944-07-01.
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