Human Tissue: Ethical Issues
Legal matters
13.8 Much legal argument has turned on the question of whether human tissue should be treated as property (Chapter 9 and Chapter 10). There is limited statute law relating to human tissue, and the common law leaves its status uncertain in many respects. Given the uncertainty as to whether human tissue is or should be regarded as property, it is important to determine the ways in which human tissue may be dealt with. We have examined the legal regulation of the removal of human tissue, from the living and from the dead (Chapter 7) and the law relating to the use of human tissue (Chapter 8). In particular, it is necessary to be clear about the purposes for which the use of human tissue is regarded as acceptable and the circumstances under which tissue or its derivatives can be the subject of commercial transactions (paragraphs 8.5, 10.8 - 10.9).
13.9 Despite the lack of clarity about the legal status of human tissue, there has been general agreement that human tissue legally cannot and ethically should not be treated as a commodity. Other important questions are whether, and in what circumstances, claims can be made to tissue, either by those from whom it is removed (Chapter 9) or by those who use it (Chapter 10), whether inventions derived from human tissue are, or should be, patentable (Chapter 11), and what regulations exist to ensure the safety and quality of human tissue for different uses (Chapter 12).
13.10 Our recommendations are grouped under the following five heads:
I Removal of tissue
II Acquisition and supply of tissue
III Uses of tissue
IV Patents
V Safety and quality