Iowa Code 146D.1 – Fetal body parts — actions prohibited — penalties
Current as of: 2023 | Check for updates
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1. A person shall not knowingly acquire, provide, receive, otherwise transfer, or use a fetal body part in this state, regardless of whether the acquisition, provision, receipt, transfer, or use is for valuable consideration.
Attorney's Note
Under the Iowa Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class C felony | up to 10 years | between $1,370 and $13,660 |
Terms Used In Iowa Code 146D.1
- following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
- Person: means a natural person. See Iowa Code 154A.1
- State: means a state, territory, or possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico. See Iowa Code 152E.3
2. Subsection 1 shall not apply to any of the following:
a. Diagnostic or remedial tests, procedures, or observations which have the sole purpose of determining the life or health of the fetus in order to provide that information to the pregnant woman or to preserve the life or health of the fetus or pregnant woman.
b. The actions of a person taken in furtherance of the final disposition of a fetal body part.
c. The pathological study of body tissue, including genetic testing, for diagnostic or forensic purposes.
d. A fetal body part if the fetal body part results from a spontaneous termination of pregnancy or stillbirth and is willingly donated for the purpose of medical research.
3. A person who violates this section is guilty of a class “C” felony.
4. For the purposes of this section:
a. “Abortion” means as defined in section 146.1.
b. “Fetal body part” means a cell, tissue, organ, or other part of a fetus that is terminated by an abortion. “Fetal body part” does not include any of the following:
(1) Cultured cells or cell lines derived from a spontaneous termination of pregnancy or stillbirth and willingly donated for the purposes of medical research.
(2) A cell, tissue, organ, or other part of a fetus that is terminated by an abortion that occurred prior to July 1, 2018.
(3) All cells and tissues external to the fetal body proper.
c. “Final disposition” means the disposition of fetal body parts by burial, interment, entombment, cremation, or incineration.
d. “Valuable consideration” means any payment including but not limited to payment associated with the transportation, processing, preservation, quality control, or storage of fetal body parts.