Current State Laws on Human Cloning

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Current State Laws on Human Cloning

California

Cal. Health & Safety Code, §§24185 to 24189.

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 "[n]o 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.

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