Title 42 — The Public Health and WelfareRelease 119-73not60
§289g Fetal Research
Title 42 › Chapter 6A— PUBLIC HEALTH SERVICE › Subchapter III— NATIONAL RESEARCH INSTITUTES › Part H— General Provisions › § 289g
Summary
The Secretary may not fund or do research on a living fetus outside the womb that is nonviable or whose viability is unknown, unless it either helps the fetus’s health or chance of surviving to viability, or it adds no extra risk and is needed for important medical knowledge that can’t be obtained otherwise. 45 CFR 46.208 applies to research the Secretary funds that involves fetuses in utero.
Full Legal Text
Title 42, §289g
The Public Health and Welfare — Source: USLM XML via OLRC
(a)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)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;
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
Apr 5, 2026
Release point: 119-73not60