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State Codes and Statutes

Statutes > North-dakota > T14 > T14c022

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CHAPTER 14-02.2FETAL EXPERIMENTATION14-02.2-01. Live fetal experimentation &#8211; Penalty.1.A person may not use any live human fetus, whether before or after expulsion from<br />its mother&#8217;swomb,forscientific,laboratory,research,orotherkindofexperimentation. This section does not prohibit procedures incident to the study of a<br />human fetus while it is in its mother&#8217;s womb, provided that in the best medical<br />judgment of the physician, made at the time of the study, the procedures do not<br />substantially jeopardize the life or health of the fetus, and provided the fetus is not<br />the subject of a planned abortion.In any criminal proceeding the fetus isconclusively presumed not to be the subject of a planned abortion if the mother<br />signed a written statement at the time of the study, that the mother was not planning<br />an abortion.2.A person may not use a fetus or newborn child, or any tissue or organ thereof,<br />resulting from an induced abortion in animal or human research, experimentation, or<br />study, or for animal or human transplantation.3.This section does not prohibit or regulate diagnostic or remedial procedures, the<br />purpose of which is to determine the life or health of the fetus involved or to preserve<br />the life or health of the fetus involved, or of the mother involved.4.A fetus is a live fetus for the purposes of this section when, in the best medical<br />judgment of a physician, it shows evidence of life as determined by the same<br />medical standards as are used in determining evidence of life in a spontaneously<br />aborted fetus at approximately the same stage of gestational development.5.Any person violating this section is guilty of a class A felony.14-02.2-02.Experimentation on dead fetus &#8211; Use of fetal organs or tissue fortransplantation or experimentation &#8211; Sale of fetus or fetal organs or tissue &#8211; Penalty.1.An experimentation may not knowingly be performed upon a dead fetus resulting<br />from an occurrence other than an induced abortion unless the consent of the mother<br />has first been obtained; provided, however, that the consent is not required in the<br />case of a routine pathological study.In any criminal proceeding, consent isconclusively presumed to have been granted for the purposes of this section by a<br />written statement, signed by the mother who is at least eighteen years of age, to the<br />effect that she consents to the use of her fetus for scientific, laboratory, research, or<br />other kind of experimentation or study.Such written consent constitutes lawfulauthorization for the transfer of the dead fetus.2.A person may not use a fetus or fetal organs or tissue resulting from an induced<br />abortion in animal or human research, experimentation, or study, or for animal or<br />human transplantation except for diagnostic or remedial procedures, the purpose of<br />which is to determine the life or health of the fetus or to preserve the life or health of<br />the fetus or mother, or pathological study.3.A person may not perform or offer to perform an abortion where part or all of the<br />consideration for the abortion is that the fetal organs or tissue may be used for<br />animal or human transplantation, experimentation, or research or study.4.A person may not knowingly sell, transfer, distribute, give away, accept, use, or<br />attempt to use any fetus or fetal organs or tissue for a use that is in violation of this<br />section. For purposes of this section, the word &quot;fetus&quot; includes also an embryo or<br />neonate.Page No. 15.Violation of this section by any person is a class C felony.Page No. 2Document Outlinechapter 14-02.2 fetal experimentation