Bans efforts to create a human being by utilizing somatic cell nuclear transfer “for the purpose of, or to implant, the resulting product to initiate a pregnancy that could result in the birth of a human being. ” Ban is to expire January 1, 2003 unless extended by legislature. Louisiana La. Rev. Stat. Ann.
tit. 40 1299. 36 to 1299. 36. 6.
Forbids any person to “clone or attempt to clone a human being,” and forbids a health facility or agency to “allow any individual to clone or attempt to clone a human being in a facility owned or operated by the health facility or agency. ” “Clone” is defined as in California law, to involve an intent to initiate a pregnancy. However, a separate state law prohibits intentionally destroying a viable fertilized ovum, and requires that “no in vitro fertilized human ovum will be farmed or cultured solely for research purposes or any other purposes. ” La. Rev. Stat.
Ann. tit. 9, 129, 122. Whether this prohibits use of cloned embryos for research depends on how courts will interpret the phrase “fertilized human ovum. ” Michigan Mich.
Comp. Laws 333. 16274, 333. 16275, 750.
430a. Forbids any individual to “engage in or attempt to engage in human cloning,” applying civil penalties (up to a $10 million fine) and criminal penalties ($10 million fine and up to ten years in prison). “Human cloning” means “the use of human somatic cell nuclear transfer technology to produce a human embryo. ” 333. 16274(5). This law clearly forbids creating a cloned human embryo for any purpose, including research.
A separate state law also forbids using a live human embryo “for nontherapeutic research if. . . the research substantially jeopardizes the life or health of the embryo. . .
” Performing such research is a felony. 333. 2685 (1), 333. 2691. Rhode Island R.
I. Gen. Laws 23-16. 4-2 to 23-16.
4-4. Bans use of somatic cell nuclear transfer “for the purpose of initiating or attempting to initiate a human pregnancy,” as well as the creation of “genetically identical human beings” by “dividing a blastocyst, zygote, or embryo. ” The law seems to ban cloning by nuclear transfer only if done to initiate a pregnancy. However, a separate law prohibits the use of “any live human fetus, whether before or after expulsion from its mother’s womb, for scientific, laboratory research, or other kind of experimentation. ” R. I.
Gen. Laws 11-54-1(a). An analysis commissioned by the National Bioethics Advisory Commission interprets this law to “ban research on in vitro embryos altogether,” apparently including cloned embryos. NBAC, Ethical Issues in Human Stem Cell Research, Vol.
II, pages A-4, A-10. South Dakota S. D. Codified Laws 34-14-16 to 34-14-20.
Under this law it is a crime to “conduct nontherapeutic research that destroys a human embryo” or that “subjects a human embryo to substantial risk of injury or death. ” “Nontherapeutic research” means “research that is not intended to help preserve the life and health of the particular embryo subjected to risk. ” A person also may not “use for research purposes cells or tissues that the person knows were obtained by performing” such harmful nontherapeutic research. “Human embryo” is defined as “a living organism of the species Homo sapiens at the earliest stages of development (including the single-celled stage) that is not located in a woman’s body. ” The law applies to human embryos regardless of whether they arose from fertilization, so it certainly bans experimental cloning in which human embryos are destroyed, as well as any use of cells or tissues obtained by destroying them. Given the current survival rate of human embryos created by cloning, it also has the effect at present of banning the basic research in human cloning designed to prepare the way for attempts at cloning for live birth.
Virginia Va. Code Ann. 32. 1-162.
21, 32. 1-162. 22. The law forbids “human cloning,” defined as “the creation of or attempt to create a human being by transferring the nucleus from a human cell from whatever source into an oocyte from which the nucleus has been removed.” It also forbids anyone to “implant or