202 
Monitoring Stem Cell Research 
research. The penalties are high - in some states, the punishment 
includes imprisonment.^^ 
In some instances, the woman or couple who donate an 
embryo or fetus for research purposes also face liability. Laws in 
Maine, Michigan, North Dakota, and Rhode Island prohibit the 
transfer, distribution, or giving away of any live embryo for research 
purposes. In Maine, a person who does so is subject to a fine of up 
to $5,000 and up to five years' imprisonment.^^ 
C. Existing Laws Specifically Addressing Embrvo 
Stem Cell Research 
A California law declares that research shall be permitted on 
human embryonic or adult stem cells from any source, including 
somatic cell nuclear transfer.^'^ Such research must be reviewed by 
an approved institutional review board and such research may not be 
undertaken without written informed consent of the embryo donor. 
Interestingly, the law does not say consent of the "donors," plural. 
So it would appear that the female patient of infertility services (and 
not the woman and her husband) is the sole source of consent. 
California also enacted a law urging Congress to ban reproductive 
cloning, while permitting therapeutic cloning and embryo stem cell 
research.^^ 
The Maine law, which applies both to reseeirch on embryos and research 
on fetuses, carries a maximum five year prison term. Me. Rev. Stat. tit. 22 § 
1593. The Massachusetts and Michigan laws also carry with them a 
potential prison sentence of up to five years. Mass Ann. Laws 112 § 
12J(a)(V); Mich. Comp. Laws § 333.2691. 
Me. Rev. Stat. Ann. tit. 22 § 1593; Mich. Comp. Laws Ann. § 333.2690; N.D. 
Cent. Code § 14-02.2-2(4); R.I. Gen. Laws § ll-54-l(f). In addition, S.D. 
Codified Law § 34-14-7 bans the sale or transfer of an embryo for 
nontherapeutic purposes. 
Me. Rev. Stat. Ann. tit. 22 § 1593. 
^ Cal. Health & Safety Code § 125115. 
California Senate Joint Resolution 38. 
PRE -PUBLICATION VERSION 
