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March 2, 1984

Legal Issues in Nonsurgical Human Ovum Transfer: Grace Ganz Blumberg

JAMA. 1984;251(9):1178-1181. doi:10.1001/jama.1984.03340330036020

IN NONSURGICAL human ovum transfer, an ovum donor is artificially inseminated with the semen of a man whose wife is infertile. Before the fertilized ovum has implanted in the donor's uterus, it is removed by catheter and transferred to the infertile wife's uterus. The infertile wife carries the ovum to term.

Fertilized ovum transfer may raise questions in three discrete areas of law: federal regulation of medical research, state restriction of fetal research and prohibition of the sale of children, and state law definition of the inter se rights of the participants, namely, the rights and duties between and among the participants as well as physician liability to the participants.

Human ovum transfer is not generally interdicted by federal human subject or fetal research regulations. Unlike state research laws, which typically extend to all research conducted within the jurisdiction, the federal rules purport to regulate only federally funded research. With