North Dakota Code 14-02.2-02 – Experimentation on dead fetus – Use of fetal organs or tissue for transplantation or experimentation – Sale of fetus or fetal organs or tissue – Penalty
1. An experimentation may not knowingly be performed upon a dead fetus resulting from an occurrence other than an induced abortion unless the consent of the mother has first been obtained; provided, however, that the consent is not required in the case of a routine pathological study. In any criminal proceeding, consent is conclusively presumed to have been granted for the purposes of this section by a written statement, signed by the mother who is at least eighteen years of age, to the effect that she consents to the use of her fetus for scientific, laboratory, research, or other kind of experimentation or study. Such written consent constitutes lawful authorization for the transfer of the dead fetus.
Attorney's Note
Under the North Dakota Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class C felony | up to 5 years | up to $10,000 |
Terms Used In North Dakota Code 14-02.2-02
- Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
- written: include "typewriting" and "typewritten" and "printing" and "printed" except in the case of signatures and when the words are used by way of contrast to typewriting and printing. See North Dakota Code 1-01-37
2. A person may not use a fetus or fetal organs or tissue resulting from an induced abortion in animal or human research, experimentation, or study, or for animal or human transplantation except for diagnostic or remedial procedures, the purpose of which is to determine the life or health of the fetus or to preserve the life or health of the fetus or mother, or pathological study.
3. A person may not perform or offer to perform an abortion where part or all of the consideration for the abortion is that the fetal organs or tissue may be used for animal or human transplantation, experimentation, or research or study.
4. A person may not knowingly sell, transfer, distribute, give away, accept, use, or attempt to use any fetus or fetal organs or tissue for a use that is in violation of this section. For purposes of this section, the word “fetus” includes also an embryo or neonate.
5. Violation of this section by any person is a class C felony.