NIH bans research with human fetal tissue from elective abortions

Background

NIH attributes the change in policy both to the declining prevalence of HFT research at NIH and evolving research standards. NIH has long maintained policies governing the use of HFT in federally funded biomedical research. NIH policies historically permitted limited use of HFT subject to statutory requirements and agency guidance addressing informed consent, acquisition, and ethical safeguards. However, the Notice and a related NIH statement indicate that NIH-supported research using HFT has steadily declined since 2019, with only 77 NIH-funded projects involving such tissue in Fiscal Year 2024.

NIH situates the policy shift within a broader effort to modernize biomedical research, with the goal to ensure taxpayer-funded research is scientifically rigorous, ethically sound, and justified by maximal return on the public’s investment. In a separate statement announcing the policy, the U.S. Department of Health and Human Services (HHS) states that emerging technologies including organoids, tissue chips, computational biology, and other cutting-edge platforms offer scientifically validated alternatives to HFT from elective abortions.

Policy changes and impacts

• New Research: Effective January 22, 2026, researchers may no longer submit applications to NIH where NIH funds would support research involving HFT from elective abortions. The prohibition effectively makes such costs unallowable under NIH grants and cooperative agreements, other transaction awards, and research and development contracts.
• Ongoing Research: The prohibition also applies to currently funded research projects. Institutions may rebudget NIH funds to support portions of their research that are not barred by the new policy, and such rebudgeting may require NIH prior approval depending on the volume of the deviation and where it indicates a change in scope.
• Other HFT Research: The Notice does not alter the treatment of research involving HFT obtained from miscarriage or still birth. NIH still allows these types of research subject to the requirements in NOT-OD-15-143 (legal requirements regarding acquisition and use of HFT for research) and NOT-OD-16-033 (informed consent for HFT research).

Next steps for affected Institutions

• Review active NIH awards and pending proposals – Assess whether any ongoing or proposed research involves HFT obtained from elective abortions and therefore is prohibited by the new policy.
• Consider modifications for affected projects – For currently funded projects that use HFT from elective abortions, consider options to reallocate NIH funds to permissible portions of the research, and whether NIH prior approval is required to make the pivot.
• Update compliance protocols – Ensure institutional policies, proposal review checklists, and compliance trainings reflect the revised NIH and HHS requirements regarding human fetal tissue.
• Monitor related federal guidance – NIH and HHS have indicated that its research modernization efforts are ongoing. Organizations should monitor future NIH and HHS notices for related developments.

Hogan Lovells is working with many institutions to navigate the evolving federal grant and contracting landscapes, including scientific and biomedical research compliance. Please contact us at any point.

Authored by William Ferreira, Heidi Gertner, Lauren Colantonio, Zach Sanfilippo, and Ambia Harper.