Bodily remains of an unborn infant whose death occurred as a result of miscarriage or stillbirth may be used for animal or human research, experimentation, study or transplantation only if the mother of the deceased unborn infant makes a signed, written statement declaring that:
(1)  The mother donates the specific bodily remains for animal or human research, experimentation, study or transplantation;

Terms Used In Idaho Code 39-9307

  • 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
  • Final disposition: means the burial, cremation or other legal disposition of a deceased unborn infant. See Idaho Code 39-9303
  • Miscarriage: means the spontaneous or accidental death of an unborn infant in utero other than by induced abortion or stillbirth. See Idaho Code 39-9303
  • study: includes any study or test, genetic or otherwise, to determine paternity or the cause of death. See Idaho Code 39-9303
  • (2)  The donation is made without any restriction regarding the identity of individuals who may be the recipients of transplantations of any bodily remains;
    (3)  The mother has not been informed of the identity of any individuals who may be recipients of transplantations of bodily remains;
    (4)  The mother understands her right to obtain the bodily remains for final disposition in accordance with the provisions of this act; and
    (5)  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.