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Title 42, The Public Health and WelfareRelease 119-110

§289g Fetal Research

Title 42 › CHAPTER 6A — PUBLIC HEALTH SERVICE › SUBCHAPTER III — NATIONAL RESEARCH INSTITUTES › Part H — General Provisions › § 289g

Last updated Sep 22, 2026|Official source

Summary

The Secretary cannot fund or do research on a living human fetus outside the womb that is not viable, or whose viability is not known, unless the research either helps the fetus’s health or increases the chance it will survive to viability, or it adds no extra risk to the fetus and is needed to get important biomedical knowledge that cannot be obtained another way. When the Secretary applies the rules that protect research subjects for studies involving living fetuses in the womb, the same risk standard must be used for fetuses intended to be aborted and for fetuses intended to be carried to term (see section 46.208 of part 46 of title 45 of the Code of Federal Regulations or any successor; risk standard in section 46.102(g)).

Full Legal Text

Title 42, §289g

The Public Health and Welfare, Source: USLM XML via OLRC

(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.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

1993—Subsec. (c). Pub. L. 103–43 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 Nov. 4, 1988, which report was to be then transmitted to specified Congressional committees. 1988—Subsec. (c)(1). Pub. L. 100–607, § 157(b), substituted “24 months after
November 4, 1988” for “thirty months after
November 20, 1985”. Subsec. (c)(2). Pub. L. 100–607, § 156(1), substituted “24-month period beginning on
November 4, 1988” for “thirty-six month period beginning on
November 20, 1985”. Subsec. (c)(3). Pub. L. 100–607, § 156(2), substituted “1990” for “1988”.

Statutory Notes and Related Subsidiaries

Nullification of Certain Provisions Pub. L. 103–43, title I, § 121(c),
June 10, 1993, 107 Stat. 133, provided that: “The provisions of Executive Order 12806 (57 Fed. Reg. 21589 (
May 21, 1992)) [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.”

Executive Documents

Executive Order No. 12806. Establishment of Fetal Tissue Bank Ex. Ord. No. 12806,
May 19, 1992, 57 F.R. 21589, which established a human fetal tissue bank, was nullified by Pub. L. 103–43, title I, § 121(c),
June 10, 1993, 107 Stat. 133, set out above. Federal Funding of Fetal Tissue Transplantation Research Memorandum of President of the United States, Jan. 22, 1993, 58 F.R. 7457, provided: Memorandum for the Secretary of Health and Human Services On
March 22, 1988, 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
November 2, 1989, 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.

Reference

Citations & Metadata

Citation

42 U.S.C. § 289g

Title 42, The Public Health and Welfare

Last Updated

Sep 22, 2026

Release point: 119-110