Legal and Ethical Issues of Uterus Transplantation

International Journal of Gynecology and Obstetrics 133.1(2016): 125-128.

4 Pages Posted: 16 Apr 2016

See all articles by Bernard Dickens

Bernard Dickens

University of Toronto - Faculty of Law

Date Written: 2016

Abstract

The clinically detailed report of a successful uterus transplantation and live birth in Sweden, in which a family friend donated her uterus, provides a basis for expanded practice. Family members and friends can serve as living donors without offending legal or ethical prohibitions of paid organ donation, even though family members and friends often engage in reciprocal gift exchanges. Donations from living unrelated sources are more problematic, and there is a need to monitor donors' genuine altruism and motivation. Donation by deceased women - i.e. cadaveric donation - raises issues of uterus suitability for transplantation, and how death is diagnosed. Organs' suitability for donation is often achieved by ventilation to maintain cardiac function for blood circulation, but laws and cultures could deem that a heartbeat indicates donors' live status. Issues could arise concerning ownership and control of organs between recovery from donors and implantation into recipients, and on removal following childbirth, that require legal resolution.

Keywords: Altruistic uterus donation, Brain death, Cadaveric uterus donation, Ethics in uterus donation, Legality of uterus donation, Organ transplantation, Uterus donation

JEL Classification: K10, J13, I18, I10

Suggested Citation

Dickens, Bernard, Legal and Ethical Issues of Uterus Transplantation (2016). International Journal of Gynecology and Obstetrics 133.1(2016): 125-128. . Available at SSRN: https://ssrn.com/abstract=2765199

Bernard Dickens (Contact Author)

University of Toronto - Faculty of Law ( email )

78 and 84 Queen's Park
Toronto, Ontario M5S 2C5
Canada
416-978-4849 (Phone)
416-978-7899 (Fax)

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