(1) IN GENERAL – The Secretary may conduct or support research on the transplantation of human fetal tissue for therapeutic purposes.

(2) SOURCE OF TISSUE – Human fetal tissue may be used in research carried out under paragraph (1) regardless of whether the tissue is obtained pursuant to a spontaneous or induced abortion or pursuant to a stillbirth.

There are important sections on the conditions of a licit donation, auditing of procedures, research and state law, and then:

PROHIBITIONS REGARDING HUMAN FETAL TISSUE SEC. 498B.

(a) PURCHASE OF TISSUE– It shall be unlawful for any person to knowingly acquire, receive, or otherwise transfer any human fetal tissue for valuable consideration if the transfer affects interstate commerce.

Some statutes can be written in such a way as to obscure their meanings, but this one is not: fetal tissue sales are illegal.

(In fact, the sale of any human organ or tissue (with the exceptions of gametes, blood, and plasma) are illegal in the United State; only Iran (currently) has a legalized organ trade. It is a matter of serious ethical debate whether such sales should be allowed, but, again, under the current Uniform Anatomical Gift Act, they are prohibited.)

But what of the prices discussed? Scroll down to subsection

(d) DEFINITIONS – For purposes of this section:

. . .(3) The term valuable consideration’ does not include reasonable payments associated with the transportation, implantation, processing, preservation, quality control, or storage of human fetal tissue.’.

Et voilà: charging for fetal tissue is not illegal.

Again, this might be disturbing to those who are generally unaware of how biomedical research is conducted in this country (or around the world), or of the bloodiness of medical practice generally.

Jen Gunter, an OB/GYN and pain specialist, responded bluntly to the alleged wrongs revealed in that Center for Medical Progress sting video:

Hearing medical professionals talk casually about products of conception may seem distasteful to some, but not to doctors. Medical procedures are gory by nature. Surgeons routinely cut skin, saw bones, and lift the uterus out of the abdominal cavity and then put it back in. We stick our hands inside people and it is messy. We handle broken limbs, rotting flesh, and cancers that smell. We talk about this calmly because this is what we are trained to do. It doesn’t mean that we are heartless; it means we are professionals and this is our norm for a clinical conversation. There is no reason a conversation about products of conception requires more or less reverence than one about a kidney or a biopsy specimen.

Furthermore,

Hearing medical professionals negotiate with a private buyer over the price for collecting tissue may also seem distasteful, but there is indeed an expense involved for the donor (in this case, Planned Parenthood). FactCheck.org contacted several researchers who work with human tissue, and the price range mentioned in the videos—$30 to $100 per patient—is on the low end. “There’s no way there’s a profit at that price,” Sherilyn J. Sawyer, the director of Harvard University and Brigham and Women’s Hospital’s Biorepository, told the website.

Again, anyone could reasonably be put off by all of this, just as anyone outside of a particular field may be put off by the behaviors and standards of those in the field. I don’t want to see what happens in even an humane slaughterhouse, and I regularly avert my eyes (when not otherwise avoiding) depictions of animals being killed. I find it distressing.

But just because it is distressing does not mean it’s unethical. Some proponents of the “yuck factor” theory of ethics believe that our reactions of distress and disgust can be signals of a deeper moral response, but I think it more a matter of unfamiliarity and cultural taboo, and thus a rather unsteady guide to moral behavior.

In other words, insofar as I accept that biomedical research and medical treatment are in general both good, and that such practices depend at least in part on research on human body parts, I accept that something that sounds terrible—legal trade in human body parts—may not be terrible.

That said, I do think the tissue market as it currently exists, legal though it may be, is also problematic, largely because it pushes the process of commodification ever further into our bodies. That tissue banks aren’t always upfront about the destination of donated tissues, e.g., that skin may be used for a cosmetic surgery rather than burn patient only adds to the murk of this market.

Most of those reacting strongly to the discussion in the video, however, are less concerned about the legal tissue market (and in fact are convinced that Planned Parenthood is breaking the law) than that this somehow reveals something extra-unsavory about both Planned Parenthood and abortion.

They don’t want to overturn PL 103-43 or the UAGA, aren’t calling for changes to the regulation of the tissue markets, or going undercover at tissue banks. They aren’t concerned about how gross it is to skin a cadaver.

No, this is about abortion, not fetal tissue, not alleged illegal activity, but about how abortion in general and Planned Parenthood in particular are terrible.

In other words, while the issue of fetal tissue donation may be new to some, the message overall is same as it ever was.

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Also worth reading: James F. Childress on the Human Fetal Transplantation Research Panel of 1988. It was the report of this panel which provided the ethical argument in favor of research using fetal tissue.