In this Code fetus means the embryo or fetus from implantation until gestation ends and, unless qualified by the words in utero, includes the fetus outside the womb.

Treatment of the fetus

1.1. Two categories of fetus are recognised:

1. (a) The live fetus, whether in utero or ex utero, which should be treated on principles broadly similar to those which apply to treatment and research conducted with children and adults.

2. (b) The dead fetus. The determination of death shall be by reference to the absence of vital functions, as indicated by the absence of spontaneous respiration and heartbeat after consideration of possibly reversible factors, such as the effects of hypothermia in the fetus, or of drugs or metabolic disorders in the mother. This determination shall be made or confirmed by a doctor responsible for the clinical management of the mother and the fetus and not involved with the subsequent unconnected use of fetal tissue.

3. Only tissue from the dead fetus is ethically available for use in therapy.

1.2. It is unethical to administer drugs or carry out any procedures during pregnancy with the intent of ascertaining whether or not they might harm the fetus.

1.3. In the case of nervous tissue only isolated neurones or fragments of tissue may be used for transplantation.

Contents of the uterus other than the fetus

The contents of the uterus resulting from pregnancy other than the fetus (ie the placenta, fluid and membranes) may be used for research or therapeutic purposes subject to the conditions relating to screening at section 4.5 of this Code and those relating to finance at section 7.

Separation of the supply of fetal tissue from the practice of research and therapy

3.1. The decision tq carry out an abortion must be reached without consideration of the benefits of subsequent use. The generation or termination of pregnancy to produce suitable material is unethical.

3.2. The management of the pregnancy of any mother should not be influenced by use of the fetus in research or therapy.