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LegalText 42 U.S.C. § 289g2 Prohibitions regarding human fetal tissue us united_states_code code_section 42 THE PUBLIC HEALTH AND WELFARE 6A PUBLIC HEALTH SERVICE 289g2 42 U.S.C. § 289g2 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc42@119-100.zip /us/usc/t42/s289g2 data/legal/raw/us/code/title-42/usc42.xml dbb239e7b6e541fa40058ff653b197bb0012fe211ca6d04b2be76c1657b5319a 644321055a08eb1f260a6a3e31ac157fa024756abf612a9fd6857e7e400cf24e 9cbe003b419c28ffb75cae55ee0a99ffa810e408d98924f0d9e0178d5d6ebcb9 2026-07-04 official
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42 U.S.C. § 289g2 - Prohibitions regarding human fetal tissue

Text

(a) Purchase of tissue It shall be unlawful for any person to knowingly acquire, receive, or otherwise transfer any human fetal tissue for valuable consideration if the transfer affects interstate commerce.

(b) Solicitation or acceptance of tissue as directed donation for use in transplantation It shall be unlawful for any person to solicit or knowingly acquire, receive, or accept a donation of human fetal tissue for the purpose of transplantation of such tissue into another person if the donation affects interstate commerce, the tissue will be or is obtained pursuant to an induced abortion, and—

(1) the donation will be or is made pursuant to a promise to the donating individual that the donated tissue will be transplanted into a recipient specified by such individual;

(2) the donated tissue will be transplanted into a relative of the donating individual; or

(3) the person who solicits or knowingly acquires, receives, or accepts the donation has provided valuable consideration for the costs associated with such abortion.

(c) Solicitation or acceptance of tissue from fetuses gestated for research purposes It shall be unlawful for any person or entity involved or engaged in interstate commerce to—

(1) solicit or knowingly acquire, receive, or accept a donation of human fetal tissue knowing that a human pregnancy was deliberately initiated to provide such tissue; or

(2) knowingly acquire, receive, or accept tissue or cells obtained from a human embryo or fetus that was gestated in the uterus of a nonhuman animal.

(d) Criminal penalties for violations (1) In general Any person who violates subsection (a), (b), or (c) shall be fined in accordance with title 18, subject to paragraph (2), or imprisoned for not more than 10 years, or both.

(2) Penalties applicable to persons receiving consideration With respect to the imposition of a fine under paragraph (1), if the person involved violates subsection (a) or (b)(3), a fine shall be imposed in an amount not less than twice the amount of the valuable consideration received.

(e) Definitions For purposes of this section:

(1) The term “human fetal tissue” has the meaning given such term in section 289g1(g) of this title.

(2) The term “interstate commerce” has the meaning given such term in section 321(b) of title 21.

(3) The term “valuable consideration” does not include reasonable payments associated with the transportation, implantation, processing, preservation, quality control, or storage of human fetal tissue.

(July 1, 1944, ch. 373, title IV, § 498B, as added Pub. L. 10343, title I, § 112, June 10, 1993, 107 Stat. 131; amended Pub. L. 109242, § 2, July 19, 2006, 120 Stat. 570.)

Notes

Editorial Notes

Amendments2006—Subsec. (c). Pub. L. 109242, § 2(2), added subsec. (c). Former subsec. (c) redesignated (d). Subsec. (d). Pub. L. 109242, § 2(1), (3), redesignated subsec. (c) as (d) and substituted “(a), (b), or (c)” for “(a) or (b)” in par. (1). Former subsec. (d) redesignated (e). Subsec. (e). Pub. L. 109242, § 2(1), (4), redesignated subsec. (d) as (e) and substituted “section 289g1(g)” for “section 289g1(f)” in par. (1).