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Stem Cell Research

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State Embryonic & Fetal Research Laws as of January, 2008

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 Permits research on fetus/embryo?Restricts research on aborted fetus/embryo?Consent provision to conduct research on fetus/embryoRestricts research on fetus or embryo resulting from sources ther than abortionRestrictions of purchase sale of human tissue for research
United States8 YesNANANANA
AlabamaNANANANANA
AlaskaNANANANANA
ArizonaNoYes, prohibits research on aborted living/non-living embryo or fetusNoYes, prohibits the use of public monies for cloning for researchNo
ArkansasNoYes, prohibits research on aborted live fetusYes, consent to conduct research on aborted fetus born deadYes, prohibits research on cloned embryosYes, prohibits sale of fetus/fetal tissue
CaliforniaYes, permits research on adult and embryonic stem cells from any sourceYes, prohibits research on aborted live fetusYes, consent to donate IVF embryo to researchProhibits sale of embryos and oocytes. Prohibits payment in excess of the amount of reimbursement of expenses to be made to any research subject to encourage her to produce human oocytes for the purposes of medical research.Yes, prohibits sale for the purpose of reproductive cloning or for stem cell research.
ColoradoNANANANANA
ConnecticutYes, on embryos before gastrulation (a process during embryonic development)NoYes, consent to donate IVF embryo to researchNoYes, prohibits payment for embryos, embryonic stem cells unfertilized eggs or sperm donated following IVF treatment
DelawareNANANANANA
District of ColumbiaNANANANANA
FloridaNoYes, prohibits on aborted live fetusNoNoNo
GeorgiaNANANANANA
HawaiiNANANANANA
IdahoNANANANANA
IllinoisYes, permits research on embryonic stem cells, embryonic germ cells and adult stem cells from any sourceYes, prohibits on aborted living/nonliving fetusYes, written consent to perform research on cells or tissues from a dead fetus other than from an abortionYes, prohibits research on fetus/fertilized embryo; prohibits funding under E.O. 6 (2005) of research on fetuses from induced abortions and the creation of embryos through the combination of gametes solely for the purpose of researchYes, prohibits sale of fetus/fetal tissue; prohibits purchase or sale of embryonic or fetal cadaveric tissue for research but permits reimbursement for removal, storage, and transportation for research.
IndianaYes, permits fetal stem cell research on placenta, cord blood, amniotic fluid or fetal tissue.Yes, prohibits research on aborted living/non-living embryo or fetusYes, consent required for fetal stem cell researchYes, prohibits research on cloned embryosYes, prohibits sale of human ovum, zygote, embryo or fetus
IowaYes, ensure that Iowa patients have access to stem cell therapies and cures and Iowa researchers may conduct stem cell researchNoNoNoYes, prohibits transfer or receipt of the product of human reproductive cloning
KansasNANANANANA
KentuckyNoNoNoNoYes, prohibits sale of fetus/fetal tissue
LouisianaNoNoNoYes, prohibits research on fetus/embryo in utero, in vitro fertilized embryoNo
MaineNoNoNoYes, prohibits research on fetus/embryo born or extracted alive, only applies to in vitro fertilized embryos post-implantationYes, prohibits sale of fetus/fetal tissue
MarylandYes, permits research on adult and embryonic stem cells NoYes, written consent to donate unused IVF material to researchYes, prohibits donation of unused oocytes for state funded cell research; cloning of an organism beyond the embryonic stage is prohibitedYes, prohibits valuable consideration for the donation or production of IVF material
MassachusettsYes, on embryos that have not experienced more than 14 days of development (not including days frozen)Yes, prohibits research on embryo/live fetusYes, written consent to perform research on a dead fetus and informed consent to donate egg, sperm, or unused preimplantation embryos created for IVFYes, prohibits research on live embryo or fetus; also prohibits creation of fertilized embryo solely for researchYes, prohibits sale of neonate, embryo or fetus for illegal purposes; prohibits sale of embryos, gametes or cadaveric tissue for research
MichiganNoYes, live embryo/fetusYes, written consent of mother to donate dead embryo, fetus or donate to researchYes, prohibits research on a live embryo or fetus, cloned embryoNo
MinnesotaNoNoNoYes, prohibits research on a live embryo or fetus up to 265 post fertilizationYes, permits the sale/purchase of cell culture lines from nonliving human conceptus
MississippiNANANANANA
MissouriNoYes, prohibits research on a fetus alive pre-abortionNoNoYes, prohibits receipt of valuable consideration for aborted fetal organs or tissue
MontanaNoYes, prohibits research on a live fetusNoNoNo
NebraskaNoProhibits research on aborted live fetus or the use of state funds for research on fetal tissue obtained from an abortionNoYes, limits the use of state funds for embryonic stem cell research; restrictions only apply to state healthcare cash funds provided by tobacco settlement dollarsYes, prohibits sale, distribution or donation of viable aborted child
NevadaNANANANANA
New HampshireNoNoNoYes, prohibits the maintenance of a unfrozen fertilized pre-embryo past 14 daysYes
New JerseyYesNoYesNoNo
New MexicoNoNoNoYes, prohibits research on a fetus/embryo born or extracted alive, only applies to in vitro fertilized embryos post-implantationYes, prohibits abortion for the purpose of selling the fetus to researchers
New YorkYes, permits research on adult and embryonic stem cells from any sourceNoNoNANA
North CarolinaNANANANANA
North DakotaNoYes, prohibits research on a living/non-living embryo or fetusNoNoYes, prohibits the sale of a fetus to be used for illegal purposes
OhioNoYes, prohibits research on a living/non-living embryo or fetusNoNoYes, prohibits sale of fetus or fetal remains from an abortion
OklahomaNoYes, prohibits research on a fetus/embryoNoNoYes, prohibits sale of fetus or fetal remains
OregonNANANANANA
PennsylvaniaNoYes, prohibits research on a live embryo or fetusConsideration may not be given to mothers consenting to research; in cases involving abortion, consent must be provided after decision to abortNoYes, consideration may not be given to mothers consenting to research or other transferring tissue except for expenses involved in actual retrieval, storage, etc.
Rhode IslandNoNoYesYes, prohibits research on a fetus/embryo born or extracted alive, only applies to in vitro fertilized embryos post-implantationYes, prohibits sale of embryo
South CarolinaNANANANANA
South DakotaNoYes, prohibits research on a living/non-living embryo or fetusNoYes, prohibits research on embryo outside of a woman's body; research on cells or tissues derived from an embryo outside a woman's bodyYes, prohibits sale of embryo
TennesseeNoNoYes, consent required to conduct research on aborted fetusNoYes, prohibits sale of aborted fetus
TexasNoNoNoNoProhibits sale of fetus/fetal tissue
UtahNoNoNoYes, prohibits research on a live fetus, fertilized embryo post-implantationYes, prohibits sale of fetus/fetal tissue; also prohibits sale of live unborn children, which is not defined, but are referred to in abortion statute
VermontNANANANANA
VirginiaNoNoNoMay prohibit research on a cloned embryo or fetusYes, prohibits shipping or receiving of the product of human cloning for commerce.
WashingtonNANANANANA
West VirginiaNANANANANA
WisconsinNANANANANA
WyomingNoNoNoNoYes, prohibits sale, distribution or live donation of live or viable aborted child, defined to include embryos, for experimentation
GuamNANANANANA
Puerto RicoNANANANANA
Virgin IslandsNANANANANA
(show/hide notes)
Notes: 

Data are as of January 26, 2008.
There are four primary sources for embryonic stem cells: existing stem cell lines, aborted or miscarried embryos, unused in vitro fertilized embryos, and cloned embryos. Current federal policy limits federally funded research to research conducted on embryonic stem cell lines created before August 2001. Federal funding of research involving cloning for the purpose of reproduction or research is prohibited. However, there is no federal law banning human cloning altogether. The Food and Drug Administration has claimed authority over the regulation of human cloning technology as an investigational new drug (IND) and stated that at this time, they would not approve any projects involving human cloning for safety reasons, but Congress has not passed legislation confirming the FDA''s authority to prohibit cloning.
State laws may restrict the use of embryonic stem cells from some or all sources or specifically permit certain activities. State laws on the issue vary widely. States that specifically permit embryonic stem cell research have established guidelines for scientists such as consent requirements and approval and review processes for projects.

Sources: 

State Embryonic and Fetal Research Laws, National Conference of State Legislatures, January 26, 2008. Available at http://www.ncsl.org/programs/health/genetics/embfet.htm.

Definitions: 

NA: No law identified by the National Conference of State Legislatures.




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