ABA Family Legal Guide

Health-Care Law

Regulating Health-Care Professionals

Research on Humans

What about research on fetuses?

One of the biggest controversies in human research is the use of fetuses (either still in the uterus or aborted) and embryos. Research is allowed on fetuses within the uterus as long as the risk is minimized and the mother gives her consent. There has been an additional ethical standard, which is that the research must be of therapeutic benefit to the fetus. This norm has been challenged in recent protocols involving stem cells and fetal ovarian tissues.

Federal regulations and many state laws severely limit the research that may be done on aborted fetuses. For those who oppose abortion, the regulations do not limit the research enough. Others believe that the regulations should allow more testing on aborted fetuses so that others might benefit from the research, which possibly would lead to fewer miscarriages, stillbirths, and severe birth defects. In general, research on aborted fetuses is allowed only when needed to develop important biomedical knowledge that cannot be obtained in any other possible way. In addition, the mother must consent to the research.