39-9302. LEGISLATIVE FINDINGS AND PURPOSE. (1) The legislature of the state of Idaho finds that:

(a) Deceased unborn infants deserve the same respect and dignity as other deceased human beings.

(b) It continues to be the public policy of the state of Idaho to promote live childbirth over abortion. Permitting the sale, transfer, distribution or donation of the bodily remains of aborted infants, particularly for pecuniary gain, and the use of the remains of aborted infants for experimentation undermine that public policy as well as proper ethical standards of medical conduct.

(c) It is contrary to the public policy of the state of Idaho for an individual to become pregnant for the purpose of aborting an unborn infant and thereafter selling, transferring, distributing or donating the unborn infant’s bodily remains for experimentation or other use.

(2) Based on the findings in subsection (1) of this section, the purpose of this chapter is to:

(a) Prohibit the sale, transfer, distribution or other unlawful disposition of an unborn infant or the bodily remains of an aborted infant;

(b) Prohibit the use of bodily remains of aborted infants for experimentation;

(c) Ensure that the bodily remains of unborn infants whose death resulted from an occurrence other than abortion are not sold, transferred or distributed for experimentation without the mother’s informed, written consent; and

(d) In accordance with the provisions of this chapter, prohibit all Idaho institutions of higher education that receive public moneys from engaging in medical research using organs or tissue, including human embryonic stem cells, obtained from aborted infants.

History:

[39-9302, added 2016, ch. 368, sec. 1, p. 1078.]