Experimentation on dead fetus - Use of fetal organs or tissue for transplantation or experimentation - Sale of fetus or fetal organs or tissue - Penalty
N.D. Cent. Code § 14-02.2-02
in effect14-02.2-02. Experimentation on dead fetus - Use of fetal organs or tissue for
transplantation or experimentation - Sale of fetus or fetal organs or tissue - Penalty.
1. An experimentation may not knowingly be performed upon a dead fetus resulting from
an occurrence other than an induced abortion unless the consent of the mother has
first been obtained; provided, however, that the consent is not required in the case of a
routine pathological study. In any criminal proceeding, consent is conclusively
presumed to have been granted for the purposes of this section by a written
statement, signed by the mother who is at least eighteen years of age, to the effect
that she consents to the use of her fetus for scientific, laboratory, research, or other
kind of experimentation or study. Such written consent constitutes lawful authorization
for the transfer of the dead fetus.
2. A person may not use a fetus or fetal organs or tissue resulting from an induced
abortion in animal or human research, experimentation, or study, or for animal or
human transplantation except for diagnostic or remedial procedures, the purpose of
which is to determine the life or health of the fetus or to preserve the life or health of
the fetus or mother, or pathological study.
3. A person may not perform or offer to perform an abortion where part or all of the
consideration for the abortion is that the fetal organs or tissue may be used for animal
or human transplantation, experimentation, or research or study.
4. A person may not knowingly sell, transfer, distribute, give away, accept, use, or attempt
to use any fetus or fetal organs or tissue for a use that is in violation of this section. For
purposes of this section, the word "fetus" includes also an embryo or neonate.
5. Violation of this section by any person is a class C felony.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://ndlegis.gov/cencode/t14c02-2.pdf#nameddest=14-02p2-02Fetched: 10/16/2026