Human Tissue: Ethical Issues
Removal of tissue from the dead
13.23 Removal of tissue from the dead is regulated by at least four statutes (paragraph 7.11). The Human Tissue Act 1961 regulates the removal of parts of the body "for therapeutic purposes or for the purposes of medical education or research." The Human Organ Transplants Act 1989 regulates the removal of organs for transplantation. The Anatomy Act 1984 regulates the conduct of anatomical examinations. The Coroners Act 1988 regulates the conduct of post-mortem examinations. Removal of tissue for other purposes, which may include archiving and banking, may lie outside these statutes (paragraphs 7.12 - 7.14). We recommend that removal of tissue from the dead for purposes which are acceptable in that they contribute directly or indirectly to medical treatment, but may not be expressly provided for by statute, should, if appropriate consent has been obtained, be regarded as lawful (paragraph 7.14).