“State and local policies, as best I can tell, are patchwork, and there is no consistency across states with regard to how [fetal] tissues are used, whether or not they are allowed to be used, etcetera,” says Debra Mathews, assistant director for science programs at the Berman Institute of Bioethics at Johns Hopkins University. According to the Guttmacher Institute, six states currently prohibit fetal tissue research on aborted fetuses; three states have introduced similar statues that were struck down. And adding to the confusion, some states prohibit experimentation on “live” fetuses, attempting to make distinctions between the state of the fetus following the procedure.
Such opaque policies, and the highly contentious nature of discussing anything involving fetuses, makes it nearly impossible to fully inform women and discuss their choices in an objective way. With embryonic stem cell research, which involves use of embryos that couples donate for research, Mathews notes that there were discussions about the ethical and moral questions involved. “I don’t know that we have had robust conversations about fetal tissue,” she says. “It’s very difficult to talk about. Abortion politics in this country make it very difficult to have discussions about the use of these tissues.”
And that’s led to a situation that’s far from open when it comes to the fate of fetal tissue from abortions. “There is important research, good research, involving fetal tissues,” says Mathews. “But we have not been transparent about it. In so far as this increases the transparency, and helps us to have a conversation about the research being done, and folks are following the rules that do exist, I think that’s important.”
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TIME