Planned Parenthood Was Exposed Selling Body Parts of Aborted Babies, How is That Legal?

National   Steven Ertelt   Jul 14, 2015   |   5:06PM    Washington, DC

A shocking video exposing Planned Parenthood’s top doctor bragging about selling the body parts of aborted babies has the Internet abuzz today.

New undercover footage shows Planned Parenthood Federation of America’s Senior Director of Medical Services, Dr. Deborah Nucatola, describing how Planned Parenthood sells the body parts of aborted unborn children and apparently admitting she uses partial-birth abortions to supply intact body parts.

The footage shockingly depicts the top medical official at the Planned Parenthood corporation munching on her salad while she discusses the sale of body parts of unborn children victimized by abortions. She brazenly describes how the heads of unborn babies killed in abortions command top dollar.

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But is the practice illegal?

Federal law purportedly prohibits the sale of body parts of aborted babies. In fact, the sale or purchase of human fetal tissue a federal felony punishable by up to 10 years in prison and a fine of up to $500,000 (42 U.S.C. 289g-2). On the surface, that seems pretty straightforward and Planned Parenthood is breaking federal law by selling body parts from babies victimized by abortions.

But, the law may not be worth the paper it’s written on.

While Planned Parenthood is int he business of selling abortions and even making money from the abortion after the abortion has bee completed, it’s top attorneys get paid big bucks to make sure the abortion giant is in compliance with the law.

The federal law in question was written by pro-abortion former Congressman Henry Waxman, who was one of Planned Parenthood’s top lieutenants while he served in Congress from his California-based Congressional district. In fact, the law in question was enacted over pro-life opposition because it is so substantially flawed that it’s akin to saying Obamacare prohibits abortion funding via its sham “ban” that is a de facto allowance of abortion funding with federal dollars.

The Waxman-authored law explicitly allows “reasonable payments associated with the transportation, implantation, processing, preservation, quality control, or storage of human fetal tissue.”  This, the law merely “prohibits” selling fetal tissue in a definition that is so narrow that the exposed Planned Parenthood practices are fully legal under the letter of it in a manner that Planned Parenthood’s high priced attorneys have been able to exploit.

In fact the law only prohibits the sale of fetal tissue (i.e. body parts of aborted babies) IF such a sale affects interstate commerce, if “a promise to the donating individual that the donated tissue will be transplanted into a recipient specified by such individual,” or  if a promise is made that “the donated tissue will be transplanted into a relative of the donating individual” or if “the person who solicits or knowingly acquires, receives, or accepts the donation has provided valuable consideration for the costs associated with such abortion.”

In other words, unless one of those prohibiting qualifications are met — and Planned Parenthood is specifically saying today that is does not make such promises — then the sale of fetal tissue (body parts of aborted babies) is perfectly legal under the “ban” on the sale of body parts of aborted babies.

The allegation is that Planned Parenthood appears to be violating a supposed ban on the sale of fetal tissue (notably language stating “the person who solicits or knowingly acquires, receives, or accepts the donation has provided valuable consideration for the costs associated with such abortion.”) But the term “valuable consideration” is subject to debate.

In fact, the law specifically states: ” The term ‘valuable consideration’ does not include reasonable payments associated with the transportation, implantation, processing, preservation, quality control, or storage of human fetal tissue.” The law makes it appear that Planned Parenthood has specific permission to engage in the sale of aborted baby body parts so long as the profit is “reasonable.”

And, under the statute, if the sale of the fetal tissue (body parts of aborted babies) does not affect interstate commerce — i.e. a Planned Parenthood abortion business within a given state sells the body parts from an abortion baby to a research firm in the state, then the sale does not affect interstate commerce in the first place, therefore it is perfectly prohibited under current federal law. Judging from what the Planned Parenthood official in the video says, that appears to be the current arrangement at Planned Parenthood affiliates — making it so the sale of aborted baby body parts is not illegal or technically prohibited under federal law.

Ultimately, as long as Planned Parenthood’s profits are reasonable and it complies with weak limits, the sale is legitimate under federal law.

This expose’ video underscores the importance of Congress reviewing the federal law and putting a true ban in place and for state legislatures to pass their own bans on the sale of fetal tissue or aborted baby body parts within their own state jurisdictions.