Argentina Brazil Canada Colombia Costa Rica
Ecuador

     El Salvador

 Panama Peru United States
US: Arkansas US:Arizona US: California US: Connecticut US:Florida
US: Georgia US: Illinois US: Indiana US: Iowa US: Louisiana
US:Maine US: Maryland US: Massachusetts US: Michigan US: Minnesota
US:Missouri US:Montana US:Nebraska US: New Hampshire US: New Jersey
US: North Dakota US:Oklahoma US:Pennsylvania US: Rhode Island US: South Dakota
US:Virginia        

 

Argentina
CLONACION (Decreto 200/97)(in Spanish)
Prohíbense los experimentos de clonación relacionados con seres humanos.
EL PRESIDENTE DE LA NACION ARGENTINA EN ACUERDO GENERAL DE MINISTROS DECRETA:
Artículo 1° -Prohíbense los experimentos de clonación relacionados con seres humanos.

 

Brazil
LAW Nº 11.105, OF 24 MARCH 2005. (Bio-Safety Law)
THE PRESIDENT OF THE REPUBLIC I declare that the National Congress decrees and I sanction the following Law:
CHAPTER I: GENERAL AND PRELIMINARY PROVISIONS
Article 3. Under this Law, it shall be considered:
        VIII – cloning: an asexual reproduction process, artificially produced, based on a sole genetic         patrimony, by using or not genetic engineering techniques;
        IX – cloning for reproductive means: cloning the end purpose of which is to make an individual;
        X – therapeutic cloning: cloning the end purpose of which is to produce embryonic stem cells for         therapeutic purposes;
        XI – embryonic stem cells: embryonic cells that are capable of modifying the cells of any organism         tissue.
Article 5. It is permitted for research and therapeutic purposes to use human embryonic stem cells produced from in vitrofertilization, which are not used for the following procedures, provided these conditions are observed:
        I – whether from unfeasible embryos, or;
        II – from embryos that have been frozen for 3 (three) years or more, as of the date of publication         of this Law, or that were frozen at the date of publication of this Law, after 3 (three) year period         has lapsed, as of the date when it was actually frozen.
CHAPTER VIII: CRIMES AND PUNISHMENT
Article 26. For performing human cloning: Punishment by confinement from 2 (two) to 5 (five) years and fine.

 

Canada
Assisted Human Reproduction Act (2004)
3. The following definitions apply in this Act.
        … “embryo”
means a human organism during the first 56 days of its development following         fertilization or creation, excluding any time during which its development has been suspended, and         includes any cell  derived from such an organism that is used for the purpose of creating a         human being.
        … “human clone”
means an embryo that, as a result of the manipulation of human reproductive         material or an in vitro embryo, contains a diploid set of chromosomes obtained from a single – living         or deceased – human being, fetus, or embryo.
5. (1) No person shall knowingly
        (a) create a human clone by using any technique, or transplant a human clone into a human being         or into any non-human life form or artificial device;
        (b) create an in vitro embryo for any purpose other than creating a human being or improving or         providing instruction in assisted reproduction procedures;
        (c) for the purpose of creating human being, create an embryo from a cell or part of a cell taken         from an embryo or fetus or transplant an embryo so created into a human being
        (d) maintain an embryo outside the body of a female person after the fourteenth day of its         development following fertilization or creation, excluding any time during which its development has         been suspended….

Updated Guidelines for Human Pluripotent Stem Cell Research, CIHR

 

Colombia
Codigo Penal Colombiano (in Spanish)
CAPÍTULO OCTAVO: DE LA MANIPULACIÓN GENÉTICA. ARTÍCULO 134.
Fecundación y tráfico de embriones humanos. El que fecunde óvulos humanos con finalidad diferente a la procreación humana, sin perjuicio de la investigación científica, tratamiento o diagnóstico que tengan una finalidad terapéutica con respecto al ser humano objeto de la investigación, incurrirá en prisión de uno (1) a tres (3) años.
En la misma pena incurrirá el que trafique con gametos, cigotos o embriones humanos, obtenidos de cualquier manera o a cualquier título.

 

Costa Rica
DECRETO DE LA REGULACION DE LA REPRODUCCION ASISTIDA (No. 24029-S) (in Spanish)
EL PRESIDENTE DE LA REPUBLICA Y EL MINISTRO DE SALUD.
Artículo 11.- Quedan absolutamente prohibidas las maniobras de manipulación del código genético del embrión, así como toda forma de experimentación sobre el mismo.

 

Ecuador
CONSTITUCIÓN POLÍTICA DE LA REPÚBLICA DE ECUADOR DE 1998 (in Spanish)
Sección quinta: De los grupos vulnerables
Artículo 49. Los niños y adolescentes gozarán de los derechos comunes al ser humano, además de los específicos de su edad. El Estado les asegurará y garantizará el derecho a la vida, desde su concepción...

 

El Salvador
Constitución Política de la República de El Salvado (in Spanish)
CAPITULO UNICO: LA PERSONA HUMANA Y LOS FINES DEL ESTADO
Art. 1.- El Salvador reconoce a la persona humana como el origen y el fin de la actividad del Estado, que está organizado para la consecución de la justicia, de la seguridad jurídica y del bien común.
Asimismo reconoce como persona humana a todo ser humano desde el instante de la concepción...
TITULO II: LOS DERECHOS Y GARANTIAS FUNDAMENTALES DE LA PERSONA
CAPITULO I: DERECHOS INDIVIDUALES Y SU REGIMEN DE EXCEPCION
SECCION PRIMERA: DERECHOS INDIVIDUALES
Art. 2.- Toda persona tiene derecho a la vida, a la integridad física y moral, a la libertad, a la seguridad, al trabajo, a la propiedad y posesión, y a ser protegida en la conservación y defensa de los mismos.

 

Panama
Código de la Familia (Ley No. 3 de 17 de mayo de 1994) (in Spanish)
Libro Segundo de los Menores
Capitulo II. DE LOS DERECHOS FUNDAMENTALES DEL MENOR
        Artículo 489. Todo menor tiene derecho a:
                1. La protección de su vida prenatal;
                2. Su vida postnatal, a su libertad y dignidad personal…

Ley No. 3 (De 15 de enero de 2004) (in Spanish)
Que prohíbe today forma de clonación humana y dicta otras dispociones
Artículo 1.Se prohíbe toda forma de promoción, financiamiento y/o donación, asi como el uso de fondos publicos o privados para inversión en experimentación, investigación y desarrollo de toda forma de clonación humana, entendiendo por esta la creación de un embrión que sea réplica biológica de un ser humano a partir de la estructura de su acido desoxirribonucleico (ADN).

 

Peru
LEY No. 27337 (in Spanish)
LIBRO PRIMERO: DERECHOS Y LIBERTADES
CAPITULO I: DERECHOS CIVILES
Artículo 1.- A la vida e integridad.- El niño y el adolescente tienen derecho a la vida desde el momento de la concepción.
El presente Código garantiza la vida del concebido, protegiéndolo de experimentos o manipulaciones genéticas contrarias a su integridad y a su desarrollo físico o mental.

Ley General de Salud (in Spanish)
LEY Nº 26842
TITULO I DE LOS DERECHOS, DEBERES Y RESPONSABILIDADES CONCERNIENTES A LA SALUD INDIVIDUALArtículo 7... Está prohibida la fecundación de óvulos humanos con fines distintos a la procreación, así como la clonación de seres humanos.

 

United States
US Federal Stem Cell Policy 

US: Arkansas
Senate Bill 185. Prohibited acts - Penalties. It is unlawful for any person or entity, public or private to intentionally or knowingly:
1) Perform or attempt to perform human cloning;
        a) Participate in an attempt to perform human cloning;
        b) Ship, transfer, or receive for any purpose an embryo produced by human cloning; or
        c) Ship, transfer, or receive, in whole or in part, any oocyte, embryo, fetus, or human somatic cell,         for  the purpose of human cloning…
“Human cloning” means human asexual reproduction, accomplished by introducing the genetic material from one (1) or more human somatic cells into a fertilized or unfertilized oocyte whose nuclear material has been removed or inactivated so as to produce a living organism, at any stage of development, that is genetically virtually identical to an existing or previously existing human organism.

 

US:Arizona
36-2313. Destructive human embryonic stem cell research
A. A person shall not intentionally or knowingly engage in destructive human embryonic stem cell research.
B. A person who violates this section is guilty of a class 6 felony.

§ 35-196.04. Use of public monies for human cloning; prohibition; definition

  • Notwithstanding any other law, tax monies of this state or any political subdivision of this state, federal monies passing through the state treasury or the treasury of any political subdivision of this state or any other public monies shall not be used by any person or entity, including any state funded institution or facility, for human somatic cell nuclear transfer, commonly known as human cloning.
  • This section does not restrict areas of scientific research that are not specifically prohibited by this section, including research in the use of nuclear transfer or other cloning techniques to produce molecules, deoxyribonucleic acid, cells other than human embryos, tissues, organs, plants or animals other than humans.
  • For the purposes of this section, "human somatic cell nuclear transfer" means human asexual reproduction that is accomplished by introducing the genetic material from one or more human somatic cells into a fertilized or unfertilized oocyte whose nuclear material has been removed or inactivated so as to produce an organism, at any stage of development, that is genetically virtually identical to an existing or previously existing human organism.

 

US: California
CALIFORNIA CONSTITUTION
ARTICLE 35: MEDICAL RESEARCH

SECTION 1.
There is hereby established the California Institute for Regenerative Medicine.
SECTION 2. 
The institute shall have the following purposes:
(a) To make grants and loans for stem cell research, for research facilities, and for other vital  research opportunities to realize therapies, protocols, and/or medical procedures that will result in, as speedily as possible, the cure for, and/or substantial mitigation of, major diseases, injuries, and orphan diseases.
(b) To support all stages of the process of developing cures, from laboratory research through successful clinical trials.
(c) To establish the appropriate regulatory standards and oversight bodies for research and facilities development.
SECTION 3. 
No funds authorized for, or made available to, the institute shall be used for research involving human reproductive cloning.
SECTION 5. 
There is hereby established a right to conduct stem cell research which includes research involving adult stem cells, cord blood stem cells, pluripotent stem cells, and/or progenitor cells. Pluripotent stem cells are cells that are capable of self-renewal, and have broad potential to differentiate into multiple adult cell types. Pluripotent stem cells may be derived from somatic cell nuclear transfer or from surplus products of in vitro fertilization treatments when such products are donated under appropriate informed consent procedures.  Progenitor cells are multipotent or precursor cells that are partially differentiated, but retain the ability to divide and give rise to differentiated cells.

California Health and Safety Code
Section 125292.10

As used in this chapter and in Article XXXV of the California Constitution, the following terms have the following meanings:
(b) “Adult stem cell” means an undifferentiated cell found in a differentiated tissue in an adult organism that can renew itself and may, with certain limitations, differentiate  to yield all the specialized cell types of the tissue from which it originated.
(k) “Human reproductive cloning” means the practice of creating or attempting to create a human being by transferring the nucleus from a human cell into an egg cell from which the nucleus has been removed fro the purpose of implanting the resulting product in a uterus to initiate a pregnancy.
(q) “Pluripotent cells” means cells that are capable of self-renewal, and have broad potential to differentiate into multiple adult cell types. Pluripotent stem cells may be derived from somatic cell nuclear transfer or from surplus products of in vitro fertilization treatments would otherwise be intended to be discarded if not utilized for medical research.
(t) “Research donor” means a human who donates biological materials for research purposes after full disclosure and consent.
(x) “Stem cells” means nonspecialized cells that have the capacity to divide in culture and to differentiate into more mature cells with specialized functions.

California Health and Safety Code
Section 24185-24187

24185.
(a) No person shall clone a human being or engage in human reproductive cloning.
(b) No person shall purchase or sell an ovum, zygote, embryo, or fetus for the purpose of cloning a human being.
(c) For purposes of this chapter, the following definitions apply:
        (1) “Clone” means the practice of creating or attempting to create a human being by transferring         the nucleus from a human cell from whatever source into a human or nonhuman egg cell from         which the nucleus has been removed for the purpose of, or to implant, the resulting product to          initiate a pregnancy that could result in the birth of a human being.
        (3) “Human reproductive cloning” means the creation of a human fetus that is substantially         genetically identical to a previously born human being. The department may adopt, interpret,         and update regulations, as necessary, for purposes of more precisely defining the procedure that         constitute human reproductive cloning.

 

US: Connecticut
Bill No. 934
No person shall knowingly (1) engage or assist, directly or indirectly, in the cloning of a human being, (2) implant human embryos created by nuclear transfer into a uterus or other device similar to a uterus, or (3) facilitate human reproduction through clinical or other use of human embryos created by nuclear transfer. Any person who violates the provisions of this subsection shall be fined not more than fifty thousand dollars or imprisoned not more than ten years, or both. Each violation of this subsection shall be a separate and distinct offense… "Cloning of a human being" means inducing or permitting a replicate of a living human being's complete set of genetic material to develop into the stage of human development after the embryonic stage when cells undergoing division are sufficiently differentiated such that organ formation is observable…
…(d) A person may conduct research involving embryonic stem cells, provided the research is
        (1) conducted with full consideration for the ethical and medical implications of such research, and
        (2) reviewed and approved by an institutional review committee…
…Sec. 2. (NEW) (Effective July 1, 2005 ) (a) There is established the "Stem Cell Research Fund" which shall be a separate nonlapsing account within the General Fund. The fund may contain any moneys required by law to be deposited in the fund and any moneys appropriated to it by the state, or any funds received from any public or private contributions, gifts, grants, donations, bequests or devises to the fund, and any interest, income, dividends or investment earnings on such moneys or funds. The moneys within the fund shall be used by the Commissioner of Public Health to advance embryonic and adult stem cell research in Connecticut pursuant to subsection (b) of this section…
…Sec. 3. (Effective July 1, 2005 ) The sum of ten million dollars is appropriated to the Department of Public Health, from the General Fund, for the fiscal year ending June 30, 2006 , for the Stem Cell Research Fund established pursuant to section 2 of this act.
Sec. 4. (Effective July 1, 2006 ) The sum of ten million dollars is appropriated to the Department of Public Health, from the General Fund, for the fiscal year ending June 30, 2007 , for the Stem Cell Research Fund established pursuant to section 2 of this act.

 

US:Florida

390.0111 Termination of pregnancies

(6)  EXPERIMENTATION ON FETUS PROHIBITED; EXCEPTION.--No person shall use any live fetus or live, premature infant for any type of scientific, research, laboratory, or other kind of experimentation either prior to or subsequent to any termination of pregnancy procedure except as necessary to protect or preserve the life and health of such fetus or premature infant.

[“Fetus” is undefined and, therefore, may include embryo within its parameters]

topga

US:Georgia
Saving the cure act
31-46-2.
(2) 'Permitted stem cell research' means stem cell research permitted under federal law and Senate Resolution 30, the 'Hope Offered through Principled and Ethical Stem Cell Research Act,' as approved by the United States Senate on April 11, 2007.
31-46-5.
Any public funds expended for stem cell research shall conform to the requirements set forth in federal law and Senate Resolution 30, the 'Hope Offered through Principled and Ethical Stem Cell Research Act,' as approved by the United States Senate on April 11, 2007."
48-7-63.
(a) Each Georgia income tax return form for taxable years beginning on or after January 1, 2007, shall contain appropriate language, to be determined by the state revenue commissioner, offering the taxpayer the opportunity to contribute to permitted stem cell research, as defined in Code Section 31-46-2, through the Georgia Commission for Saving the Cure by donating either all or any part of any tax refund due, by authorizing a reduction in the refund check otherwise payable, or by contributing any amount over and above any amount of tax owed by adding that amount to the taxpayer´s payment.

S.30.
(a) In General- The Secretary shall conduct and support basic and applied research to develop techniques for the isolation, derivation, production, or testing of stem cells, including pluripotent stem cells that have the flexibility of embryonic stem cells (whether or not they have an embryonic source), that may result in improved understanding of or treatments for diseases and other adverse health conditions, provided that the isolation, derivation, production, or testing of such cells will not involve--
(1) the creation of a human embryo or embryos for research purposes; or
(2) the destruction or discarding of, or risk of injury to, a human embryo or embryos other than those that are naturally dead.
…(f) Definitions- In this section:
(1) NATURALLY DEAD- The term `naturally dead' means having naturally and irreversibly lost the capacity for integrated cellular division, growth, and differentiation that is characteristic of an organism, even if some cells of the former organism may be alive in a disorganized state.
(2) HUMAN EMBRYO OR EMBRYOS- The term `human embryo or embryos' includes any organism, not protected as a human subject under part 46 of title 45, Code of Federal Regulations, as of the date of enactment of this section, that is derived by fertilization, parthenogenesis, cloning, or any other means from one or more human gametes or human diploid cells.
(3) RISK OF INJURY- The term `risk of injury' means subjecting a human embryo or embryos to risk of injury or death greater than that allowed for research on fetuses in utero under section 46.204(b) of title 45, Code of Federal Regulations, and section 498(b) of this Act.'.

 

US: Illinois
Stem Cell Research and Human Cloning Prohibition Act, 2007
Section 5. Policy permitting research. The policy of the State of Illinois shall be as follows:
            (1) Research involving the derivation and use of human embryonic stem cells, human embryonic germ cells, and human adult stem cells from any source, including somatic cell nuclear transplantation, shall be permitted and the ethical and medical implications of this research shall be given full consideration.
            (2)  Research involving the derivation and use of human embryonic stem cells, human embryonic germ cells, and human adult stem cells, including somatic cell nuclear transplantation, shall be allowed to receive public funds through a program established specifically for the purpose of supporting stem cell research in Illinois under the Department of Public Health.
            (3)  Stem cell research is considered valuable to the health and well-being of all and the unhindered distribution of research materials to all qualified investigators engaged in non-commercial research shall be encouraged within the confines of the law.

Abortion Law of 1975
…(6) "Fetus" and "unborn child" each mean an individual organism of the species homo sapiens from fertilization until live birth.
(7) No person shall sell or experiment upon a fetus produced by the fertilization of a human ovum by a human sperm unless such experimentation is therapeutic to the fetus thereby produced…

Executive Order Creating the Illinois Regenerative Institute for Stem Cell Research, 2005-6
…The Director of the Illinois Department of Public Health shall develop an Illinois Regenerative Medicine Institute (IRMI) program within the department that will provide for the awarding of grants to medical research facilities for the development of finding treatments and cures from stem cell research…
…2) The IRMI program shall provide funding for stem cell research that involves adult stem cells, cord blood stem cells, pluripotent stem cells, totipotent stem cells, progenitor cells, the product of somatic cell nuclear transfer or any combination of those cells…
…3) No funds authorized or made available under the IRMI program shall be used for research involving the reproductive cloning of a human being, fetuses from induced abortions or to create embryos through the combination of gametes solely for the purpose of research. As used in this Executive Order, "cloning of a human being" means asexual human reproduction by implanting or attempting to implant the product of nuclear transplantation into a woman's uterus to initiate a human pregnancy…
…(5) Time limits for obtaining cells. Standards shall set a limit on the time during which cells may be extracted from blastocysts, which shall initially be 8 to 12 days after cell division begins, not counting any time during which the blastocysts or cells have been stored frozen.

 

US: Indiana
Act No. 268
ARTICLE 34.5. CLONING
Chapter 1. Public Policy Against Human Cloning
        Sec. 1. The general assembly declares that human cloning is against public policy.
        Sec. 2. The state, a state educational institution (as defined in IC 20-12-0.5-1), or a political                  subdivision of the state may not use public funds, facilities, or employees to knowingly participate         in cloning or attempted cloning…”Cloning" means the use of asexual reproduction to create or         grow a human embryo from a single cell or cells of a genetically identical human…"Human embryo"         means a human egg cell with a full genetic composition capable of differentiating and maturing into         a complete human being…

Indiana Code 16-34-2-6
Experiments performed on aborted fetus prohibited
Sec.6 No experiments except pathological examinations may be conducted on any fetus aborted under this chapter, nor may any fetus so aborted be transported out of Indiana for experimental purposes…

 

US: Iowa
Code 707B
707B.2 Purpose. It is the purpose of this chapter to prohibit human cloning for any purpose, whether for reproductive cloning or therapeutic cloning…
…707B.4 Human cloning ---- prohibitions ---- exceptions ---- penalty.
        1. A person shall not intentionally or knowingly do any of the following:
                a. Perform or attempt to perform human cloning.
                b. Participate in performing or in an attempt to perform human cloning.
                c. Transfer or receive a cloned human embryo for any purpose.
                d. Transfer or receive, in whole or in part, any oocyte, human embryo, fetus, or human                           somatic cell, for the purpose of human cloning…
…"Human cloning" means human asexual reproduction, accomplished by introducing the genetic material of a human somatic cell into a fertilized or unfertilized oocyte whose nucleus has been or will be removed or inactivated, to produce a living organism with a human or predominantly human genetic constitution…

Code 707C
Section 1. NEW SECTION. 707C.1 TITLE.
This chapter shall be known and may be cited as the "Iowa Stem Cell Research and Cures Initiative".
Sec. 2. NEW SECTION. 707C.2 PURPOSE.
It is the purpose of this chapter to ensure that Iowa
patients have access to stem cell therapies and cures and that Iowa researchers may conduct stem cell research and develop therapies and cures in the state, and to prohibit human reproductive cloning.
Sec. 3. NEW SECTION. 707C.3 DEFINITIONS.
As used in this chapter, unless the context otherwise requires:
1. "Human reproductive cloning" means human asexual reproduction, using somatic cell nuclear transfer, for implantation or attempted implantation into a woman's uterus or substitute for a woman's uterus. "Human reproductive cloning" does not include somatic cell nuclear transfer performed for the purpose of creating embryonic stem cells
SECTION. 707C.2 PURPOSE.
It is the purpose of this chapter to ensure that Iowa patients have access to stem cell therapies and cures and that Iowa researchers may conduct stem cell research and develop therapies and cures in the state, and to prohibit human reproductive cloning.” 

US: Louisiana
RS 14:87.2
Human experimentation. Human experimentation is the use of any live born human being, without consent of that live born human being, as hereinafter defined, for any scientific or laboratory research or any other kind of experimentation or study except to protect or preserve the life and health of said live born human being, or the conduct, on a human embryo or fetus in utero, of any experimentation or study except to preserve the life or to improve the health of said human embryo or fetus…
…Whoever commits the crime of human experimentation shall be imprisoned at hard labor for not less than five nor more than twenty years, or fined not more than ten thousand dollars, or both.  
Chapter 3. HUMAN EMBRYOS
§121.  Human embryo; definition
A "human embryo" for the purposes of this Chapter is an in vitro fertilized human ovum, with certain rights granted by law, composed of one or more living human cells and human genetic material so unified and organized that it will develop in utero into an unborn child.  

 

 

US:Maine

1. Prohibition. A person may not use, transfer, distribute or give away a live human fetus, whether intrauterine or extrauterine, or any product of conception considered live born, for scientific experimentation or for any form of experimentation.

[“Fetus” is undefined and, therefore, may include embryo within its parameters]

 

US: Maryland
Maryland Stem Cell Research Act of 2006
Subtitle 2B. Maryland Stem Cell Research Program
5-2B-01.
(A) In this subtitle the following words have the meanings indicated.
…(G) “Human Cloning” means the replication of a human being through the production of a precise genetic copy of nuclear human DNA or any other human molecule, cell or tissue, in order to create a new human being or to allow development beyond an embryo.
…(K) “Stem Cell” means a human cell that has the ability to:
        (1) Divide indefinitely;
        (2) Give rise to many other types of specialized cells; and
        (3) Give rise to new stem cells with identical potential.
5-2B-02.
(A) A person who conducts state-funded stem cell research shall conduct the research in a manner that considers the ethical and medical implications of the research.
(B) A person who conducts state-funded stem cell research may not engage in any research that intentionally and directly leads to human cloning.
5-2B-03.
(A) There is a Maryland Stem Cell Research Fund.
(B) The purpose of the fund is to promote state-funded stem cell research and cures through grants and loans to public and private entities in the state.
…(G) The fund consists of:
        (1) Appropriations as provided in the state budget; and
        (2) Any other money from any other source accepted for the benefit of the fund.
5-2B-11.
Nothing in this subtitle shall be construed to prohibit the creation of stem cell lines to be used for therapeutic research purposes.

 

US: Massachusetts
Chapter 27 of the Acts of 2005
Section 1. The general court finds and declares that:
        …(c) it shall be the policy of the commonwealth to actively foster research and therapies in the life         sciences and regenerative medicine by permitting research and clinical applications involving the         derivation and use of human embryonic stem cells, including research and clinical applications         involving somatic cell nuclear transfer, placental and umbilical cord cells and human adult stem cells         and other mechanisms to create embryonic stem cells which are consistent with this chapter.  It         shall further be the policy of the commonwealth to prohibit human reproductive cloning…
        …”Human reproductive cloning", the asexual genetic replication of a human being by transferring a
        pre-implantation embryo that has been created by somatic cell nuclear transfer, parthenogenesis         or by other asexual means into a uterus or uterine-like environment with the purpose of creating a         human fetus or a human child…
… Section 3.
        (a) Research and clinical applications involving the derivation and use of human embryonic stem         cells,   including somatic cell nuclear transfer, human adult stem cells from any source, umbilical         cord cells, parthenotes and placental cells shall be permitted.
        (b) Research involving the derivation of human embryonic stem cells through the use of human         genetic material, including somatic cell nuclear transfer, parthenogenesis and other asexual means         as permitted by subsection (a) shall only be conducted upon the written approval of a duly         authorized institutional review board…
…Section 8.
        (a) Human reproductive cloning is hereby prohibited. No person shall knowingly attempt, engage in,        or assist in human reproductive cloning. No person shall knowingly purchase, sell, transfer or        otherwise obtain human embryonic, gametic or cadaveric tissue for the purpose of human        reproductive cloning.
        (b) No person shall knowingly create an embryo by the method of fertilization with the sole intent of         donating the embryo for research. 
        (c) No person shall knowingly and for valuable consideration purchase, sell, transfer or otherwise         obtain human embryos, gametes or cadaveric tissue for research purposes…
        …(g) No research authorized pursuant to subsection (b) of section 3 shall be conducted at any         institution that does not have a valid certificate of registration issued pursuant to this section.

105 CMR 960.000 Biotechnology
105 CMR 960.000 is set forth for the purpose of interpreting and implementing M.G.L. c.111L, Biotechnology, as enacted under Chapter 27 of the Acts of 2005, An Act Enhancing Regenerative Medicine in the Commonwealth.

 

US: Michigan
State Constitution: Article 1, Section 27
Section 27.
(1) Nothing in this section shall alter Michigan’s current prohibition on human cloning.
(2) To ensure that Michigan citizens have access to stem cell therapies and
cures, and to ensure that physicians and researchers can conduct the most
promising forms of medical research in this state, and that all such research is
conducted safely and ethically, any research permitted under federal law on human
embryos may be conducted in Michigan, subject to the requirements of federal law
and only the following additional limitations and requirements:
(a) No stem cells may be taken from a human embryo more than fourteen
days after cell division begins; provided, however, that time during
which an embryo is frozen does not count against this fourteen day
limit.
(b) The human embryos were created for the purpose of fertility treatment
and, with voluntary and informed consent, documented in writing, the
person seeking fertility treatment chose to donate the embryos for
research; and
(i) the embryos were in excess of the clinical need of the person
seeking the fertility treatment and would otherwise be discarded
unless they are used for research; or
(ii) the embryos were not suitable for implantation and would otherwise
be discarded unless they are used for research.
(c) No person may, for valuable consideration, purchase or sell human
embryos for stem cell research or stem cell therapies and cures.
(d) All stem cell research and all stem cell therapies and cures must be
conducted and provided in accordance with state and local laws of
general applicability, including but not limited to laws concerning
scientific and medical practices and patient safety and privacy, to the
extent that any such laws do not:
(i) prevent, restrict, obstruct, or discourage any stem cell research or
stem cell therapies and cures that are permitted by the provisions
of this section; or
(ii) create disincentives for any person to engage in or otherwise
associate with such research or therapies or cures.
(3) Any provision of this section held unconstitutional shall be severable from
the remaining portions of this section.

Act 111 of 1998
333.26403 Human cloning; prohibited conduct.
        Sec. 3. A person shall not use state funds to engage in or attempt to engage in human cloning…
…333.26402 “Human cloning” defined.
        Sec. 2. As used in this act, “human cloning” means that term as defined in section 16274 of the        public health code, 1978 PA 368, MCL 333.16274.

333.16274 Human cloning; prohibited acts.
Sec. 16274.
        (1) A licensee or registrant shall not engage in or attempt to engage in human cloning…
        …(5) As used in this section: “Human cloning” means the use of human somatic cell nuclear        transfer technology to produce a human embryo. “Human embryo” means a human egg cell with a        full genetic composition capable of differentiating and maturing into a complete human being.

 

US: Minnesota
Statutes 2004, 145.421-2
145.421
        …Subd. 2. Human conceptus. “Human conceptus” means any human organism, conceived either in         the human body or produced in an artificial environment other than the human body, from        fertilization through the first 265 days thereafter.
145.422 Experimentation or sale.
        Subd. 1. Penalty. Whoever uses or permits the use of a living human conceptus for any type of         scientific, laboratory research or other experimentation except to protect the life or health of the         conceptus, or except as herein provided shall be guilty of a gross misdemeanor.
        Subd. 2. permitted acts. The use of a living human conceptus for research or experimentation        which has shown to be harmless to the conceptus shall be permitted…
        Subd. 3 Penalty; Permitted payments. Whoever buys or sells a living human conceptus or        nonrenewable organ of the body is guilty of a gross misdemeanor, nothing in this subdivision        prohibits the buying and selling of a cell culture line or lines taken from a nonliving human        conceptus…

Personal Correspondence:The definition of 'human conceptus' in 145.421-2 has been taken to permit derivation of ES cells and presumably also research on preimplantation embryos.

 

US:Missouri

Section 1.217 Cloning--use of state funds prohibited, definition

No state funds shall be used for research with respect to the cloning of a human person. For purposes of this section, the term "cloning" means the replication of a human person by taking a cell with genetic material and cultivating such cell through the egg, embryo, fetal and newborn stages of development into a new human person.

The Missouri Stem Cell Research and Cures Initiative
Be it resolved by the people of the State of Missouri that the Constitution be amended: …

Section 38(d).

…2. To ensure that Missouri patients have access to stem cell therapies and cures, that Missouri
researchers can conduct stem cell research in the state, and that all such research is conducted safely and ethically, any stem cell research permitted under federal law may be conducted in Missouri, and any stem cell therapies and cures permitted under federal law may be provided to patients in Missouri, subject to the requirements of federal law and only the following additional limitations and requirements:
(1) No person may clone or attempt to clone a human being.
(2) No human blastocyst may be produced by fertilization solely for the purpose of stem cell
research.
(3) No stem cells may be taken from a human blastocyst more than fourteen days after cell division
begins; provided, however, that time during which a blastocyst is frozen does not count against the
fourteen-day limit.
(4) No person may, for valuable consideration, purchase or sell human blastocysts or eggs for stem
cell research or stem cell therapies and cures.
(5) Human blastocysts and eggs obtained for stem cell research or stem cell therapies and cures must have been donated with voluntary and informed consent, documented in writing.
(6) Human embryonic stem cell research may be conducted only by persons that, within 180 days of the effective date of this section or otherwise prior to commencement of such research, whichever is later, have
(a) provided oversight responsibility and approval authority for such research to an embryonic stem cell research oversight committee whose membership includes representatives of the public and medical and scientific experts;
(b) adopted ethical standards for such research that comply with the requirements of this section; and
(c) obtained a determination from an Institutional Review Board that the research complies with all applicable federal statutes and regulations that the Institutional Review Board is responsible for administering.
(7) All stem cell research and all stem cell therapies and cures must be conducted and provided in accordance with state and local laws of general applicability, including but not limited to laws concerning scientific and medical practices and patient safety and privacy, to the extent that any such laws do not
1. prevent, restrict, obstruct, or discourage any stem cell research or stem cell therapies and cures that are permitted by the provisions of this section other than this subdivision  (7) to be conducted or provided, or
2. create disincentives for any person to engage in or otherwise associate with such research or therapies and cures….

div

US:Montana

HB0288: An act banning reproductive human cloning and establishing penalties

Section 1.  Definitions. As used in [sections 1 through 3], the following definitions apply:
     (1) "Embryo" means an organism of the species Homo sapiens from the single cell stage to 8 weeks of development.
     (2) "Fetus" means an organism of the species Homo sapiens from 8 weeks of development until complete expulsion or extraction from a woman's body or removal from an artificial womb or other similar environment designed to nurture the development of the organism.
     (3) "Oocyte" means the human female germ cell, the egg.
     (4) "Reproductive human cloning" means human cloning intended to result in the gestation or birth of a child who is genetically identical to another conceptus, embryo, fetus, or human being, living or dead.
     (5) "Somatic cell" means a diploid cell, having a complete set of chromosomes, obtained or derived from a living or deceased human body at any stage of development.

     Section 2.  Prohibited acts -- penalties. (1) A person or entity, public or private, may not knowingly:
     (a) perform or attempt to perform reproductive human cloning;
     (b) participate in an attempt to perform reproductive human cloning;
     (c) ship, transfer, or receive for any purpose an embryo for reproductive human cloning; or
     (d) ship, transfer, or receive, in whole or in part, any oocyte, embryo, fetus, or human somatic cell for the purpose of reproductive human cloning.
     (2) A violation of subsection (1)(a) or (1)(b), or both, is a felony.
     (3) A violation of subsection (1)(c) or (1)(d), or both, is a misdemeanor.
     (4) All fines collected under this section must be deposited in the state general fund.

     Section 3.  Scientific research -- exception. (1) [Sections 1 and 2] do not restrict areas of scientific research not specifically prohibited by [sections 1 and 2], including research into the use of nuclear transfer or other cloning techniques to produce molecules, deoxyribonucleic acid, tissues, organs, plants, cells other than human embryos, or animals other than humans.
     (2) [Sections 1 and 2] do not apply to in vitro fertilization, the administration of fertility-enhancing drugs, or other medical procedures used to assist a woman in becoming or remaining pregnant if the procedure is not specifically intended to result in the gestation or birth of a child who is genetically identical to another conceptus, embryo, fetus, or human being, living or dead.
     (3) Nothing in this section prohibits embryonic stem cell research using embryonic stem cell lines of uncloned origin

US:Nebraska

LB 606: The Stem Cell Research Act
Sec. 6. No state facilities, no state funds, fees, or charges, and no investment income on state funds shall be used to destroy human embryos for the purpose of research. In no case shall state facilities, state funds, fees, or 1 charges, or investment income on state funds be used to create a human embryo by somatic cell nuclear transfer for any purpose.

Section 71-7606 Purpose of act; restrictions on use of funds; report

    (1) The purpose of the Nebraska Health Care Funding Act is to provide for the use of dedicated revenue for health-care-related expenditures.

    (2) Any funds appropriated or distributed under the act shall not be considered ongoing entitlements or obligations on the part of the State of Nebraska and shall not be used to replace existing funding for existing programs.

    (3) No funds appropriated or distributed under the act shall be used for abortion, abortion counseling, referral for abortion, school-based health clinics, or research or activity of any kind involving the use of human fetal tissue obtained in connection with the performance of an induced abortion or involving the use of human embryonic stem cells or for the purpose of obtaining other funding for such use.

 

US:New Hampshire

Chapter 168 B: Surrogacy

168-B:1 Definitions. – In this chapter:

   X. "Preembryo" means the cell mass that results from fertilization of an ovum prior to implantation.

168-B:15 Restrictions on use of Preembryos. –
    I. No preembryo shall be maintained ex utero in the noncryo-preserved state beyond 14 days post-     fertilization development.
    II. No preembryo that has been donated for use in research shall be transferred to a uterine cavity.

 

US: New Jersey
Senate Bill No. 1909
2. a. It is the public policy of this State that research involving the derivation and use of human embryonic stem cells, human embryonic germ cells and human adult stem cells [from any source], including somatic cell nuclear transplantation, shall: be permitted in this State; be conducted with full consideration for the ethical and medical implications of this research; and be reviewed, in each case, by an institutional review board operating in accordance with applicable federal regulations…
…3. A person who knowingly engages or assists, directly or indirectly, in the cloning of a human being is guilty of a crime of the first degree. As used in this section, "cloning of a human being" means the replication of a human individual by cultivating a cell with genetic material through the egg, embryo, fetal and newborn stages into a new human individual.

 

US: North Dakota
12.1-39-02 . Human cloning - Prohibition - Penalty.
        1. A person may not intentionally or knowingly:
                a. Perform or attempt to perform human cloning;
                b. Participate in performing or attempting to perform human cloning;
                c. Transfer or receive the product of a human cloning for any purpose; or
                d. Transfer or receive, in whole or in part, any oocyte, human embryo, human fetus, or human                 somatic cell, for the purpose of human cloning
… …"Human cloning" means human asexual reproduction, accomplished by introducing the genetic material of a human somatic cell into a fertilized or unfertilized oocyte, the nucleus of which has been or will be removed or inactivated, to produce a living organism with a human or predominantly human genetic constitution…

14-02.2-01 . Live fetal experimentation - Penalty.
1. A person may not use any live human fetus, whether before or after expulsion from its mother's womb, for scientific, laboratory, research, or other kind of experimentation. This section does not prohibit procedures incident to the study of a human fetus while it is in its mother's womb, provided that in the best medical judgment of the physician, made at the time of the study, the procedures do not substantially jeopardize the life or health of the fetus, and provided the fetus is not the subject of a planned abortion. In any criminal proceeding the fetus is conclusively presumed not to be the subject of a planned abortion if the mother signed a written statement at the time of the study, that the mother was not planning an abortion.

 

US: Oklahoma

Advancement in Stem Cell Cures and Therapies Act

A.  For the purposes of the Advancement in Stem Cell Cures and Therapies Act, “human embryo” means a living organism of the species Homo sapiens at the earliest stage of development, including the single-cell stage, that is not located in the body of a woman.

B.  Research on human tissue regeneration and human diseases using adult stem cells and stem cells obtained from umbilical cord blood and amniotic fluid may be conducted in this state, provided that the research is performed:
1.  Safely and ethically;
2.  Only on embryonic stem cell lines created prior to August 1, 2001, and in accordance with federal law as it existed on November 1, 2007; and
3.  Without the use of a human embryo, including a human embryo produced using cloning technology.

C.  When research is performed in accordance with the Advancement in Stem Cell Cures and Therapies Act, a person or governmental body shall not:
1.  Restrict public funds designated for the stem cell research; or
2.  Obstruct or provide disincentives for the stem cell research.separator

US: Pennsylvania

Title 18: Crimes & Offences, Chapter 32: Abortion

"Unborn child" and "fetus."

Each term shall mean an individual organism of the species homo sapiens from fertilization until live birth.

(a) Unborn or live child.-- Any person who knowingly performs any type of nontherapeutic experimentation or nontherapeutic medical procedure (except an abortion as defined in this chapter) upon any unborn child, or upon any child born alive during the course of an abortion, commits a felony of the third degree. "Nontherapeutic" means that which is not intended to preserve the life or health of the child upon whom it is performed.

 

US: Rhode Island
23-16.4-1    Declaration of intent and purpose…
...The purpose of this legislation is to place a ban on the creation of a human being through division of a blastocyst, zygote, or embryo or somatic cell nuclear transfer, and to protect the citizens of the state from potential abuse deriving from cloning technologies. This ban is not intended to apply to the cloning of human cells, genes, tissues, or organs that would not result in the replication of an entire human being. Nor is this ban intended to apply to in vitro fertilization, the administration of fertility enhancing drugs, or other medical procedures used to assist a woman in becoming or remaining pregnant, so long as that procedure is not specifically intended to result in the gestation or birth of a child who is genetically identical to another conceptus, embryo, fetus, or human being, living or dead.

23-16.4-2    Cloning of human beings prohibited. – (a) Prohibition. No person or entity shall utilize somatic cell nuclear transfer for the purpose of initiating or attempting to initiate a human pregnancy nor shall any person create genetically identical human beings by dividing a blastocyst, zygote, or embryo…
…(1) Nothing in this section shall be construed to restrict areas of biomedical, microbiological, and agricultural research or practices not expressly prohibited in this section, including research or practices that involve the use of:
        (i) Somatic cell nuclear transfer or other cloning technologies to clone molecules, DNA, cells, and         tissues;
        (ii) Mitochondrial, cytoplasmic, or gene therapy; or
        (iii) Somatic cell nuclear transfer techniques to create animals.

 

US: South Dakota
34-14-27 .   Human cloning as felony--Civil penalty. No person or entity, public or private, may:
        (1) Perform or attempt to perform human cloning;
        (2) Participate in an attempt to perform human cloning;
        (3) Transfer or receive the product of human cloning; or
        (4) Transfer or receive, in whole or in part, any oocyte, embryo, fetus, or human somatic cell, for        the purpose of human cloning…
34-14-26 .   Definition of terms. Terms used in §§ 34-14-26 to 34-14-28, inclusive, mean:
"Human cloning," human asexual reproduction accomplished by introducing the nuclear material of a human somatic cell into a fertilized or unfertilized oocyte whose nucleus has been removed or inactivated to produce a living organism, at any stage of development, with a human or predominantly human genetic constitution…
34-14-16 . Research that destroys human embryo prohibited--Violation as misdemeanor. No person may knowingly conduct nontherapeutic research that destroys a human embryo. A violation of this section is a Class 1 misdemeanor.
34-14-17 . Research subjecting human embryo to substantial risk prohibited-- Sale or transfer of embryos for research prohibited--Violation as misdemeanor. No person may knowingly conduct nontherapeutic research that subjects a human embryo to substantial risk of injury or death. No person may sell or transfer a human embryo with the knowledge that the embryo will be subjected to nontherapeutic research. A violation of this section is a Class 1 misdemeanor.
34-14-18 . Use of cells or tissues obtained in violation of § 34-14-16 or 34-14-17 prohibited. No person may use for research purposes cells or tissues that the person knows were obtained by performing the activities described in §§ 34-14-16 and 34-14-17. A violation of this section is a Class 1 misdemeanor.

 

US: Virginia
32.1-162.21 . Definitions. As used in this chapter, unless the context clearly requires another meaning: "Human cloning" means 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.
32.1-162.22 . Human cloning prohibited; civil penalty.
          A. No person shall
                (i) perform human cloning or
                (ii) implant or attempt to implant the product of somatic cell nuclear transfer into a uterine                 environment so as to initiate a pregnancy or
                (iii) possess the product of human cloning or
                (iv) ship or receive the product of a somatic cell nuclear transfer in commerce for the purpose                 of implanting the product of somatic cell nuclear transfer into a uterine environment so as to                 initiate a pregnancy…