[ExI] Human Fetal Tissue Research

[Dan TheBookMan]

On Tue, Sep 15, 2020 at 4:58 PM spike jones via extropy-chat
<extropy-chat at lists.extropy.org> wrote:
> > On Behalf Of William Flynn Wallace via extropy-chat
> Subject: Re: [ExI] Human Fetal Tissue Research
> Is fetal tissue legal even privately?    bill w
>
> Of course.  The Fed has no say on that which it does not fund.  It cannot say what one can do with one’s own donated embryo.  There is no federal law covering that, and there cannot be, even if congress wanted to do something like that, because Amendment 4 would prevent and preclude any possible enforcement.

Actually, you're wrong in detail here. Yes, fetal tissue research is
not per se illegal, but it must still abide by federal (and state and
local) laws. Simply doing private research doesn't get you out from
under federal involvement. Of course, you will have less involvement
than if you're also being partly or fully federally funded. For
instance, if you plan to transplant fetal tissue (human or other) into
humans, you have to get FDA approval. There are also federal rules on
how fetal tissue may be acquired and trade. So that's the supply side
regulation. (And there are state laws dealing with this similar to
organ laws. In fact, in my understanding, fetal tissue is treated
similarly to organs here in many respects. Any legal experts care to
fill in?)

Regards,

Dan
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