Tennessee § 39-15-208 - Research, photography, and experimentation upon aborted fetuses — Sale of aborted fetuses or aborted fetal tissue prohibited — Penalty for violation.

§ 39-15-208. Research, photography, and experimentation upon aborted fetuses — Sale of aborted fetuses or aborted fetal tissue prohibited — Penalty for violation.

It is unlawful for any person, agency, corporation, partnership or association to engage in medical experiments, research, or the taking of photographs upon an aborted fetus without the prior knowledge and written consent of the mother; provided, however, that prior knowledge and consent of the mother shall not be required when a person is taking photographs of the aborted fetus for the purpose of capturing images that the person reasonably believes depict evidence of a violation of a state or federal law, rule, or regulation. No person, agency, corporation, partnership, or association shall offer money, or anything of value, for an aborted fetus or aborted fetal tissue; nor shall any person, agency, corporation, partnership, or association accept any money or anything of value for an aborted fetus or aborted fetal tissue, or offer or accept any reimbursement of any costs associated with the preparation, preservation, transfer, shipping, or handling of an aborted fetus or aborted fetal tissue. It is the express intent of the general assembly that nothing in this section shall be construed to grant to a fetus any legal right not possessed by a fetus prior to July 1, 1979. A violation of this section is punishable as a Class E felony. Acts 1989, ch. 591, § 1; 2016, ch. 986, § 1; 2016, ch. 1003, § 2. Compiler’s Notes. Acts 2016, ch. 1003, § 7 provided that notwithstanding this act or the Uniform Administrative Procedures Act, compiled in Tennessee Code Annotated, title 4, chapter 5, any rule promulgated to implement the provisions of this act shall be provided to the chairs of the health committee of the house of representatives and the health and welfare committee of the senate by the secretary of state, after approval by the attorney general and reporter, at the same time the text of the rule is made available to the government operations committees of the senate and the house of representatives for purposes of conducting the review required by § 4-5-226 in order for the health committee of the house of representatives and the health and welfare committee of the senate to be afforded the opportunity to comment on the rule. Cross-References. Parental consent for abortion by minor, title 37, ch. 10, part 3. Penalty for Class E felony, § 40-35-111 . Law Reviews. Legal Rights and Issues Surrounding Conception, Pregnancy and Birth, 39 Vand. L. Rev. 597 (1986).