42 USC 289g-2 - Prohibitions regarding human fetal tissue

U.S Code last checked for updates: Nov 22, 2024

§ 289g–2.

Prohibitions regarding human fetal tissue

(a)

Purchase of tissue

(b)

Solicitation or acceptance of tissue as directed donation for use in transplantation

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—

(1)

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;

(2)

the donated tissue will be transplanted into a relative of the donating individual; or

(3)

the person who solicits or knowingly acquires, receives, or accepts the donation has provided valuable consideration for the costs associated with such abortion.

(c)

Solicitation or acceptance of tissue from fetuses gestated for research purposes

It shall be unlawful for any person or entity involved or engaged in interstate commerce to—

(1)

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

(2)

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.

(d)

Criminal penalties for violations

(1)

In general

(2)

Penalties applicable to persons receiving consideration

(e)

Definitions

For purposes of this section:

(1)

The term “human fetal tissue” has the meaning given such term in section 289g–1(g) of this title.

(2)

The term “interstate commerce” has the meaning given such term in section 321(b) of title 21.

(3)

The term “valuable consideration” does not include reasonable payments associated with the transportation, implantation, processing, preservation, quality control, or storage of human fetal tissue.

(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.)

cite as: 42 USC 289g-2