Idaho ‘Unborn Infants’ Dignity Act (S 1349)

**Companion bill, S 1404 was enacted on April 5, 2016.

S 1349 would prohibit the sale, transfer, distribution or other unlawful disposition of an infant, an “unborn infant” or the bodily remains of an aborted infant. Any person who violates this provision would be guilty of a felony for each violation and subject to imprisonment up to five years and/or a fine of up to $10,000.

The bill would further prohibit the use of bodily remains of aborted fetuses for experimentation. All Idaho institutions of higher education that receive public funding would be prohibited from engaging in medical research using organs or tissue, including human embryonic stem cells, obtained from abortion. Any person who knowingly violates this provision would be guilty of a misdemeanor and would be subject to a fine not to exceed $1,000 and/or imprisonment in a county jail not to exceed six months.

Informed Consent for Certain Experimentation

The bill would allow bodily remains of an “unborn infant” obtained from a miscarriage or stillbirth to be used in research or experimentation if the mother makes a signed, written statement declaring that:

• She is donating the remains for animal or human research, experimentation, study or transplantation;
• The donation is made without any restriction regarding the identity of individuals who may be the recipients of transplantations of any bodily remains;
• The mother has not been informed of the identity of any individuals who may be recipients of transplantations of bodily remains;
• The mother understands her right to obtain the bodily remains for final disposition in accordance with the provisions of this act; and
• Full disclosure has been provided to the mother with regard to the attending physician’s interest, if any, in the research, experimentation, study or transplantation to be conducted with specific bodily remains.

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