Foetal Tissue Governance Building a New Legal Framework

This book provides the first extensive examination of how deceased embryonic and foetal tissue should be governed in England and Wales. It identifies and analyses legal, ethical, philosophical, and sociological issues arising from the use of this material and examines whether current law and regulation – primarily under the Human Tissue Act 2004 framework – can effectively respond to these issues. Several shortfalls are identified, and the author proposes legal and regulatory reform for resolving or managing these issues. The book distinguishes the governance of deceased embryonic and foetal tissue from the governance of other human tissues by identifying unique issues that arise when it is used, which stem from the intersection of questions about abortion, miscarriage, foetal personhood, moral status, legal status, and parenthood. It covers the history of deceased embryonic and foetal tissue governance, the moral and legal status of the living and deceased foetus and embryo, conflicting interests in the use of tissue, consent, and whether a property law model should be adopted in England and Wales. It also provides an outline for how to examine the governance of this tissue in other jurisdictions. This book is an essential resource to understand key issues in the governance of deceased embryonic and foetal tissue, the shortfalls of the governing Human Tissue Act 2004 framework, and to how law and regulation could respond to these issues.