As set forth in section 3216 of Title 18 in the Pa. C.S.A., it is a criminal offence to perform any type of experiment on an unborn fetus or live child. Except abortion, any person who knowingly performs non-therapeutic experimentation or medical procedures on an unborn or live child is found guilty of a third degree felony. However, experimentation can be performed on a dead child only with the written consent of the mother. Any person who defies this knowingly is held guilty of a first degree misdemeanor. This law was originally written in 1982, yet has been dramatically revised in 1989.
Law as it reads:
The Fetal Experimentation law reads as follows:
(a) Unborn or live child- Any person who knowingly performs any type of non-therapeutic experimentation or non-therapeutic medical procedure (except abortion) upon any unborn child, or upon any child born alive during the course of an abortion, commits a felony of the third degree. "Non-therapeutic" means that which is not intended to preserve the life or health of the child upon whom it is performed.
(b) Dead Child- The following standards govern the procurement and use of any fetal tissue or organ, which is used in animal or human transplantation, research or experimentation.
(1) No fetal tissue or organs may be procured or used without the written consent of the mother. No consideration of any kind for such consent may be offered or given. Further, if the tissue or organs are being derived from abortion, such consent shall be valid only if obtained after the decision to abort has been made.
(2) No person who provides the information required by section 3205 (relating to informed consent) shall employ the possibility of the use of aborted fetal tissue or organs as in inducement to a pregnant woman to undergo abortion except that payment for reasonable expenses occasioned by the actual retrieval, storage, preparation and transportation of the tissues is permitted.
(3) No remuneration, compensation or other consideration may be paid to any person or organization in connection with the procurement of fetal tissue or organs.
(4) All persons who participate in the procurement, use or transplantation of fetal tissue or organs, including the recipients of such tissue or organs, shall be informed as to whether the particular tissue or organ involved was procured as a result of either:
c. Ectopic pregnancy;
d. Abortion; or
e. Any other means.
(5) No person who consents to the procurement or use of any fetal tissue or organ may designate the recipient of that tissue or organ, nor shall any other person or organization act to fulfill that designation.
(6) The department may assess a civil penalty upon any person who procures, sells or uses any fetal tissue or organs in violation of this section or the regulations issued there under. Such civil penalties may not exceed $5, 000 for each separate violation. In assessing such...