US Code

Public Law 119-73 (01/23/2026)

42 U.S.C. § 289g

Fetal research

(a)

Conduct or support by Secretary; restrictions

The Secretary may not conduct or support any research or experimentation, in the United States or in any other country, on a nonviable living human fetus ex utero or a living human fetus ex utero for whom viability has not been ascertained unless the research or experimentation—
(1)
may enhance the well-being or meet the health needs of the fetus or enhance the probability of its survival to viability; or
(2)
will pose no added risk of suffering, injury, or death to the fetus and the purpose of the research or experimentation is the development of important biomedical knowledge which cannot be obtained by other means.
(b)

Risk standard for fetuses intended to be aborted and fetuses intended to be carried to term to be same

In administering the regulations for the protection of human research subjects which—
(1)
apply to research conducted or supported by the Secretary;
(2)
involve living human fetuses in utero; and
(3)
are published in section 46.208 of part 46 of title 45 of the Code of Federal Regulations;
or any successor to such regulations, the Secretary shall require that the risk standard (published in section 46.102(g) of such part 46 or any successor to such regulations) be the same for fetuses which are intended to be aborted and fetuses which are intended to be carried to term.

July 1, 1944, ch. 373Pub. L. 99–158, § 299 Stat. 877Pub. L. 100–607, title I102 Stat. 3059Pub. L. 103–43, title I, § 121(b)(1)107 Stat. 133(, title IV, § 498, as added , , ; amended , §§ 156, 157(b), , ; , , .)

Editorial Notes

Amendments

Pub. L. 103–431993—Subsec. (c). struck out subsec. (c) which directed Biomedical Ethics Advisory Committee to conduct a study of the nature, advisability, and biomedical and ethical implications of exercising any waiver of the risk standard published in section 46.102(g) of part 46 of title 45 of the Code of Federal Regulations and to report its finding to the Biomedical Ethics Board not later than 24 months after , which report was to be then transmitted to specified Congressional committees.

Pub. L. 100–607, § 157(b)1988—Subsec. (c)(1). , substituted “24 months after ” for “thirty months after ”.

Pub. L. 100–607, § 156(1)Subsec. (c)(2). , substituted “24-month period beginning on ” for “thirty-six month period beginning on ”.

Pub. L. 100–607, § 156(2)Subsec. (c)(3). , substituted “1990” for “1988”.

Statutory Notes and Related Subsidiaries

Nullification of Certain Provisions

Pub. L. 103–43, title I, § 121(c)107 Stat. 133

“The provisions of Executive Order 12806 (57 Fed. Reg. 21589 ()) [formerly set out below] shall not have any legal effect. The provisions of section 204(d) of part 46 of title 45 of the Code of Federal Regulations (45 CFR 46.204(d)) shall not have any legal effect.”
, , , provided that:

Executive Documents

Executive Order No. 12806. Establishment of Fetal Tissue Bank

Pub. L. 103–43, title I, § 121(c)107 Stat. 133Ex. Ord. No. 12806, , 57 F.R. 21589, which established a human fetal tissue bank, was nullified by , , , set out above.

Federal Funding of Fetal Tissue Transplantation Research

Memorandum of President of the United States, , 58 F.R. 7457, provided:

Memorandum for the Secretary of Health and Human Services

On , the Assistant Secretary for Health of Health and Human Services (“HHS”) imposed a temporary moratorium on Federal funding of research involving transplantation of fetal tissue from induced abortions. Contrary to the recommendations of a National Institutes of Health advisory panel, on , the Secretary of Health and Human Services extended the moratorium indefinitely. This moratorium has significantly hampered the development of possible treatments for individuals afflicted with serious diseases and disorders, such as Parkinson’s disease, Alzheimer’s disease, diabetes, and leukemia. Accordingly, I hereby direct that you immediately lift the moratorium.

You are hereby authorized and directed to publish this memorandum in the Federal Register.

William J. Clinton.