Even in this circumstance, however, federal regulations defer to state law with regard to research on dead fetuses. Other states have regulations that echo the NIH recom- mendations. In states without specific regulations, decisions are based on the state's interpretation of the Uniform Anatomical Gifts Act. Some of the greatest controversy occurs when the potential beneficiary of fetal research is less identifiable, especially the public at large. Although much information of medical relevance can be obtained through animal research, hu- man research is ultimately necessary.
Humans differ from animals.
Many of the data that confirmed the efficacy and safety of amniocentesis were obtained from research involving fetuses prior to abortion. In the focus on federal research policies and funding mechanisms it is often overlooked that the legality of research involving embryos and fetuses has fallen mainly under the domain of state laws. These laws are not finely tuned and generally do not take into consideration the varied policy concerns that might be raised, based on the nature of the research and its intended beneficiary. The distinction, however, cannot be ignored by those directly involved in the re- search enterprise, regardless of their sources of support. For some researchers, the state in which they work will ultimately determine what experiments they may and may not undertake.