(1)  Except as otherwise provided in this chapter, no person shall knowingly sell, transfer, distribute, donate, accept, use or attempt to use the body or bodily remains of an aborted infant.
(2)  Except as otherwise provided in this chapter, no person shall knowingly aid or abet any such sale, transfer, distribution, other unlawful disposition, acceptance, use or attempted use of the body or bodily remains of an aborted infant.

Terms Used In Idaho Code 39-9306

  • Aborted infant: means a deceased unborn infant whose death was caused by abortion. See Idaho Code 39-9303
  • Bodily remains: means the physical remains, body parts or tissue of a deceased unborn infant who has been expelled or extracted from the infant’s mother. See Idaho Code 39-9303
  • experimentation: means the use of bodily remains, including embryonic stem cells, or the use of an unborn infant intended to be aborted, in any trial, test, procedure or observation carried out with the goal of verifying, refuting or establishing the validity of a hypothesis, but does not include:
Idaho Code 39-9303
  • Pathological: means the examination of body tissue for diagnostic or forensic purposes and any related activities necessary to perform such a study. See Idaho Code 39-9303
  • person: includes a corporation as well as a natural person;
    • Idaho Code 73-114
  • study: includes any study or test, genetic or otherwise, to determine paternity or the cause of death. See Idaho Code 39-9303
    • (3)  Except as otherwise provided in this chapter, no person or public institution operating in Idaho shall knowingly use an unborn infant or the bodily remains or embryonic stem cells of an aborted infant in animal or human research, experimentation or study, or for transplantation, except:
    (a)  For diagnostic or remedial procedures that have the purpose of promoting the life or health of the unborn infant or the unborn infant’s mother;
    (b)  For pathological study; or
    (c)  For the applicable materials used in research projects and grants that were undertaken or made before July 1, 2016.
    (4)  Except as otherwise provided in this chapter, no person shall knowingly experiment upon an unborn infant who is intended to be aborted unless the experimentation is therapeutic to the unborn infant.
    (5)  The terms "transfer," "accept" and "acceptance" as used in this section do not apply to the transfer or acceptance of the body or bodily remains of an aborted infant for the sole purpose of lawfully disposing of the body or bodily remains of the aborted infant.