Current State Laws on Human Cloning California Cal. Health and Safety Code, §§ 24185 through 24189. Prohibits attempts to create a human being using somatic cell nuclear transfer "for the purpose of, or to implant, the resulting product to initiate a pregnancy that could result in the birth of a human being." The ban will expire on January 1, 2003, unless extended by law.LouisianaLa. Rev. Stat. Anna. tit. 40 §§ 1299.36 to 1299.36.6. Prohibits any person from “cloning or attempting to clone a human being” and prohibits a health care facility or agency from “permitting any individual to clone or attempt to clone a human being in a facility owned or operated by the health care facility or agency. " Under California law, “clone” implies intent to initiate a pregnancy. However, a separate state law prohibits the intentional destruction of a viable fertilized egg and requires that "[n]o in vitro fertilized human egg shall be grown or cultured solely for research or any other purpose." The. Rev. Stat. Anna. tit. 9, §§ 129, 122. Whether this prohibits the use of cloned embryos for research depends on how courts interpret the phrase “fertilized human egg.” MichiganMich. Comp. Read §§333.16274, 333.16275, 750.430a. Prohibits any individual from “engaging or attempting to engage in human cloning,” imposing civil penalties (up to a $10 million fine) and criminal penalties ($10 million fine and up to ten years in prison). prison). “Human cloning” means “the use of human somatic cell nuclear transfer technology to produce a human embryo.” §333.16274(5). This law clearly prohibits creating a cloned human embryo for any purpose, including research. A separate state law also prohibits the use of a live human embryo “for nontherapeutic research if…the research substantially jeopardizes the life or health of the embryo…” Performing such research is a crime. §§333.2685 (1), 333.2691.Rhode IslandR.I. General Laws §23-16.4-2 through 23-16.4-4. It bans the use of somatic cell nuclear transfer “for the purpose of initiating or attempting to initiate a human pregnancy,” as well as the creation of “genetically identical human beings” by “dividing a blastocyst, zygote, or embryo.” The law appears to prohibit cloning by nuclear transfer only if performed to initiate a pregnancy. However, a separate law prohibits the use of "any live human fetus, before or after expulsion from the womb, for scientific research, laboratory research or other types of experimentation"..
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