There is currently much debate about funding the use of pre-embryonic, embryonic, and fetal cells and tissue for medical treatment and research, all of which show great promise for potentially lifesaving treatments of many incurable, debilitating, and life threatening illnesses. Since 1928, when researchers transplanted fetal tissue into patients suffering with diabetes, the important healing and curative potential of fetal tissue has been recognized. Although first experiments failed, successes have followed. During the 1950s, fetal tissue was used to help develop the polio vaccine and it was used later in the development of the rubella vaccine (Coutts, 1993). Although still experimental, the current use of fetal tissue and stem cells —which are derived from pre-embryos and fetal tissue — to treat Parkinson’s disease, Alzheimer’s disease, Huntington’s chorea, strokes, spinal cord injuries, hemophilia, leukemia, sickle cell anemia, and muscular dystrophy is giving patients,
their families, physicians, and researchers every reason for hope (NIH, 2000a).

A woman’s choice to donate to medical research tissue that she has aborted begins and ends with her. Federal and state laws have been specifically written to ensure that her choice to donate tissue from her abortion to medical research is made in an informed and ethical manner. First, she is legally required to give her written consent to have an abortion. Only after she has consented to have an abortion can she provide the necessary written consent to donate the fetal tissue. She cannot be paid for the donation. She cannot know or designate the recipient (USCA, 1988; USCA, 1993). Knowing she can donate tissue from her abortion to potentially lifesaving medical research may help a woman turn an unintended pregnancy about which she may feel a sense of loss into a social good. The choice to donate often gives solace to women who may need to end their pregnancies (Anderson et al., 1994; Martin, 1993).

The Medical Promise of Embryonic and Fetal Tissue

Embryonic and fetal tissue consist of tissue or cells from a nonviable human embryo or fetus that has been obtained through a spontaneous or induced abortion, or stillbirth (NIH, 1993).

Fetal tissue and the very basic cells — stem cells — that compose it, have special properties that make them uniquely valuable for research purposes. These stem cells, which are undifferentiated cells — without any particular designation — have the ability to reproduce rapidly and to specialize into any of the body’s tissue types, including the skin, liver, kidneys, or brain. This makes them highly adaptable and less likely to be rejected by a transplant recipient, reducing the need for hard-to-find exact tissue matches. Embryonic cells and cells from fetal tissue
grow much faster than cells from the tissue of adults, and they are easier to culture in the laboratory and in greater supply than adult tissue, all of which increase their therapeutic potential in treating certain diseases (Coutts, 1993; Weiss, 1999; NIH, 2001).

Ectopic pregnancies, stillbirths, and spontaneous abortions are potential sources for human embryonic cells and fetal tissue but they are neither plentiful nor reliable. Their quality and safety is questionable, making them less than optimal for research and therapy. Embryonic cells and fetal tissue obtained through induced abortion — excluding those for fetal defects — are highly suitable for research and therapy because they are likely to be free of major genetic abnormalities and viral, fungal, or bacterial infections (Vawter et al., 1990).

Although still experimental, many applications involving fetal tissue show great promise, such as the transplantation of human fetal brain cells into patients with Parkinson’s disease to restore motor function. Fetal tissue and stem cell therapies have also shown promise for patients suffering from Alzheimer’s disease, spinal cord and other neural tissue injuries, diabetes, and possibly some forms of blindness. Fetal liver cells and stem cells may be useful in treating leukemia and aplastic anemia. Stem cell transplantation also may be used to treat blood-clotting disorders, such as sickle cell anemia, thalassemia, and hemophilia, as well as heart disease, stroke, and arthritis (Coutts, 1993; NIH, 2000a). The long-term potential benefits of stem cell research may include treatments for cancer, renal disease, autoimmune diseases, HIV/AIDS, liver disease, eye disorders, hearing disorders, and mental and developmental disorders (NIH, 2000b).

Stem cell research also offers great promise for streamlining and expediting the development of new medications. New drugs could be tested on stem cells before being tested on humans in clinical trials, which would make the drug approval process faster and less costly (NIH, 2000a; NIH, 2000b).

Women and men worldwide have received transplanted fetal tissue. Research has been conducted in Australia, Canada, China, Cuba, the former Czechoslovakia, Finland, France, Germany, the United Kingdom, Hungary, India, Italy, Mexico, Norway, Russia, Spain, Sweden, and Yugoslavia (Coutts, 1993).

Obtaining and Distributing Fetal Tissue and Stem Cells

There are three primary sources of embryonic cells and fetal tissue in the U.S.: hospitals, abortion clinics, and private physicians (obstetricians and gynecologists). All must obtain written consent from women to conduct research on the tissue from abortions or miscarriages for the purposes of education, research or the advancement of medical science (King et al, 1995). They then distribute the tissue to researchers who are located in a variety of settings, including academic institutions, commercial companies, and institutions outside the U.S. (Vawter et al., 1990).

Researchers customarily obtain embryonic cells and fetal tissue through private arrangements with individual, nearby obstetricians. Due to its fragile nature, the tissue must be immediately transported by researchers to their laboratories or some other location where it can be safely stored and kept from deteriorating (Vawter, 1999).

While solid organs are obtained and distributed through the national Organ Procurement and Transplantation Network, there is no formal, organized, national network for procuring and distributing embryonic and fetal tissue. Organizations interact directly with private laboratories or pharmaceutical companies that perform medical research with embryonic and fetal tissue. They are often reimbursed for evaluation,
preservation, storage and transportation of the tissue. (USCA, 1988; USCA, 1997).

Why Women Choose to Donate Embryonic Cells and Fetal Tissue

Decisions about donating human tissue are never taken lightly or made easily. Most agree that such decisions reflect generosity, courage, and the hope that some humanitarian good may come out of an unintended pregnancy. Although opponents of abortion have charged that the option of fetal tissue donation will cause women to choose abortion, this fear is unfounded. The truth is, there is no evidence that the option to donate tissue to an anonymous recipient encourages a woman to terminate a pregnancy she would otherwise carry to term
(Vawter & Gervais, 1993).

Moreover, there is evidence of strong support for research using fetal tissue and stem cells among women in general. In a survey of more than 600 women in the United Kingdom — most of whom had never had an abortion — 94 percent said they supported fetal tissue research. Although the women were not asked in the survey to donate their own fetal tissue, most predicted that they would be willing to make such a donation (Anderson et al., 1994).

A recent poll found that 77 percent of Americans support stem cell research. In this survey, 75 percent of Catholics and 71 percent of making them less than optimal for research and therapy. Embryonic cells and fetal tissue obtained through induced abortion — excluding those for fetal defects — are highly suitable for research and therapy because they are likely to be free of major genetic abnormalities and viral, fungal, or bacterial infections (Vawter et al., 1990).

Although still experimental, many applications involving fetal tissue show great promise, such as the transplantation of human fetal brain cells into patients with Parkinson’s disease to restore motor function. Fetal tissue and stem cell therapies have also shown promise for patients suffering from Alzheimer’s disease, spinal cord and other neural tissue injuries, diabetes, and possibly some forms of blindness. Fetal liver cells and stem cells may be useful in treating leukemia and aplastic anemia.

Stem cell transplantation also may be used to treat blood-clotting disorders, such as sickle cell anemia, thalassemia, and hemophilia, as well as heart disease, stroke, and arthritis (Coutts, 1993; NIH, 2000a). The long-term potential benefits of stem cell research may include treatments for cancer, renal disease, autoimmune diseases, HIV/AIDS, liver disease, eye disorders, hearing disorders, and mental and developmental disorders (NIH, 2000b). Stem cell research also offers great promise for streamlining and expediting the development of new
medications. New drugs could be tested on stem cells before being tested on humans in clinical trials, which would make the drug approval process faster and less costly (NIH, 2000a; NIH, 2000b).

Women and men worldwide have received transplanted fetal tissue. Research has been conducted in Australia, Canada, China, Cuba, the former Czechoslovakia, Finland, France, Germany, the United Kingdom, Hungary, India, Italy, Mexico, Norway, Russia, Spain, Sweden, and Yugoslavia (Coutts, 1993).

Obtaining and Distributing Fetal Tissue and Stem Cells

There are three primary sources of embryonic cells and fetal tissue in the U.S.: hospitals, abortion clinics, and private physicians (obstetricians and gynecologists). All must obtain written consent from women to conduct research on the tissue from abortions or miscarriages for the purposes of education, research or the advancement of medical science (King et al, 1995). They then distribute the tissue to researchers who are located in a variety of settings, including academic institutions, commercial companies, and institutions outside the U.S. (Vawter et al., 1990).

Researchers customarily obtain embryonic cells and fetal tissue through private arrangements with individual, nearby obstetricians. Due to its fragile nature, the tissue must be immediately transported by researchers to their laboratories or some other location where it can be safely stored and kept from deteriorating (Vawter, 1999).

While solid organs are obtained and distributed through the national Organ Procurement and Transplantation Network, there is no formal, organized, national network for procuring and distributing embryonic and fetal tissue.

Organizations interact directly with private laboratories or pharmaceutical companies that perform medical research with embryonic and fetal
tissue. They are often reimbursed for evaluation, preservation, storage and transportation of the tissue. (USCA, 1988; USCA, 1997).

Why Women Choose to Donate Embryonic Cells and Fetal Tissue

Decisions about donating human tissue are never taken lightly or made easily. Most agree that such decisions reflect generosity, courage, and the hope that some humanitarian good may come out of an unintended pregnancy. Although opponents of abortion have charged that the option of fetal tissue donation will cause women to choose abortion, this fear is unfounded. The truth is, there is no evidence that the option to donate tissue to an anonymous recipient encourages a woman to terminate a pregnancy she would otherwise carry to term
(Vawter & Gervais, 1993).

Moreover, there is evidence of strong support for research using fetal tissue and stem cells among women in general. In a survey of more than 600 women in the United Kingdom — most of whom had never had an abortion — 94 percent said they supported fetal tissue research. Although the women were not asked in the survey to donate their own fetal tissue, most predicted that they would be willing to make such a donation (Anderson et al., 1994).

A recent poll found that 77 percent of Americans support stem cell research. In this survey, 75 percent of Catholics and 71 percent of fundamentalist Christians also reported supporting stem cell research (CAMR, 2001).

Laws that Protect Women and Govern Fetal Tissue Donation

There are two principal federal laws and numerous state laws that apply to the use of embryonic cells and fetal tissue for medical transplantation and research.

The National Organ Transplant Act (NOTA), adopted by Congress in 1984, provides for donations of organs and tissues for research or transplantation. NOTA was amended in 1988 to include fetal organs and tissues under the definition of “human organs” (USCA, 1988).

The National Institutes of Health (NIH) Revitalization Act of 1993 specifically authorizes federal support for research on the transplantation of human fetal tissue for therapeutic purposes, whether the tissue is obtained after a spontaneous or induced abortion or a stillbirth. Congress passed this act after President Clinton’s executive order lifting the ban on federal funding for fetal tissue research that was put in place during the Reagan administration. The act requires a woman to consent — in writing — to the abortion before the option of tissue donation is discussed. It prohibits her from knowing or restricting the identity of the recipient. It requires that she be informed of her physician’s interest, if any, in the research to be conducted with the tissue. It also prohibits the alteration of the timing, method, or procedures used to terminate the pregnancy, if such alteration is made solely for the purpose of obtaining the tissue. Penalties for violating this law include a fine or up to 10 years in prison, or both. Both NOTA and the NIH Revitalization Act of 1993 prohibit the sale of human organs and tissues for research or transplantation. Both do permit, however, “reasonable payments” associated with the removal, transportation, implantation, processing, preservation, quality control, and storage of the tissue (USCA, 1988; USCA, 1993).

All 50 states and the District of Columbia have adopted some form of the Uniform Anatomical Gift Act (UAGA), which gives people the right to control the disposition of their bodily remains after death. The act allows individuals to give their consent — in writing — for their entire body or parts of their body to be used for research, education, therapy, or transplantation. It is generally interpreted to permit the donation of embryonic and fetal tissues and organs, although some states have provisions that specifically exclude embryos and fetuses (Vawter et al., 1990).

Opposition to Using Fetal Tissue for Medical Research

With advances in medical research, the use of embryonic cells and fetal tissue has increased — as has the controversy around its use in research. In response to the controversy, various commissions in the U.S. and abroad were formed to study the use of fetal tissue. Significantly, none recommended that research using embryonic and fetal tissue be stopped (Coutts, 1993).

In 1974, the National Commission for the Protection of Human Subjects of Biomedical and Behavioral Research was established within HEW, the former U.S. Department of Health, Education, and Welfare (now the Department of Health and Human Services). Its mission was to examine the study of fetuses. Less than a year later, HEW issued regulations on research involving the fetus, stipulating that research involving dead fetuses or their tissues be permitted in accord with state law (Coutts, 1993).

Medical research with embryonic and fetal tissue progressed steadily from the mid-1970s to the mid-1980s, until 1987, when the New England Journal of Medicine reported the successful transplantation of fetal neural tissue into the brains of two young patients with Parkinson’s disease. The successful procedure led to requests for government funding of similar procedures. It also led to a heated outcry from anti-abortion activists. Their inflammatory and alarmist misinformation campaign soon led to a Reagan administration moratorium in 1988 on all federally funded research involving the transplantation of tissue from induced abortions into humans (Coutts, 1993).

Despite the conclusions of the 1988 NIH Fetal Tissue Transplantation Research Panel supporting embryonic tissue transplantation research as “acceptable public policy,” the U.S. Department of Health and Human Services refused to lift the moratorium on federally funded fetal tissue research. During the administration of President George Bush (1989–1993), the moratorium was extended indefinitely. In February 1993, his first full month in office, President Bill Clinton lifted the moratorium (Coutts, 1993). As of August 2001, the moratorium has not been reinstated.

Medical research with fetal tissue — regardless of its funding source — is still embattled. Some states have enacted laws that ban the use of fetal tissue for “experimentation.” Such laws have been struck down as unconstitutional by federal courts in Illinois, Louisiana, Utah, and most recently, Arizona (Margaret S. v. Edwards, 1986; Lifchez v. Hartigan, 1990; Jane L. v. Bangerter, 1995; Forbes v. Woods, 1996). However, laws that ban or somehow restrict research using fetal tissue remain on the books in several states, including Indiana, Kentucky,
Missouri, New Mexico, North Dakota, South Dakota, and Tennessee.

In an attack on research using fetal tissue, the antichoice organization Life Dynamics Incorporated accused abortion providers of performing abortions to profit from the sale of embryonic and fetal tissue (Life Dynamics Incorporated, 1999). Subsequently, the House of Representatives passed a resolution calling for congressional hearings to investigate so-called “trafficking in baby body parts for profit” (H.R.
350, 1999). The House Commerce Subcommittee on Health and the Environment conducted a meeting in March 2000. One key witness testifying about alleged abuses was discredited, and another key witness failed to appear and was held in contempt of Congress. Although no actual “trafficking” was conclusively identified in the hearings, Planned Parenthood went on the record to say that “Planned Parenthood supports research using fetal tissue in accordance with legal and ethical guidelines and is deeply concerned about the attempt by some to profit from the humanitarian contributions of courageous women.” (PPFA, 2000; Wetzstein).

Does Planned Parenthood support Embryonic and Fetal Tissue donation?

Planned Parenthood Federation of America recognizes the important role that embryonic and fetal tissue can play in potentially lifesaving medical research. Every woman has the right to make her own decisions — including the right to choose abortion. Once that choice is made, she has the right to decide what should be done with the embryonic or fetal cells and tissue.

The decision to donate — like every other sexual and reproductive health decision — belongs to each individual woman, and it is not ours to make. Our job is to offer a woman the information and support she needs to make her own informed decision, according to her own personal circumstances and the dictates of her conscience. It is always her choice.

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