Citations (1)


Footnotes (347)



Maternal Brain-Death

Daniel Sperling

The Hebrew University of Jerusalem

American Journal of Law and Medicine, Vol. 30, No. 4, pp. 453-500, 2004

Medical technology and scientific knowledge enables health-care providers to maintain a brain-dead pregnant woman on life-support for the successful delivery of her fetus. However, the legality of such practice as well as its ethical implications remain unclear. The article examines the various aspects of this postmortem procedure. First, the permissibility of such an action is analyzed through discussion of other legal situations dealing with some similar aspects, namely abortion-law and Human tissue gift law. Following this, the major issues arising in this dilemma are being discussed. These issues include the moral and legal status of the fetus, on the one hand and of the dead, on the other hand; interest to life; pragmatical obstacles derived from the proposed procedure, the legal requirement of consent, physician-patient relationship and the status of next-of-kin in such situation. The article concludes with some practical guidelines for health-care providers, lawyers and other interested people at large.

Number of Pages in PDF File: 48

JEL Classification: K32

Open PDF in Browser Download This Paper

Date posted: January 12, 2005 ; Last revised: April 9, 2008

Suggested Citation

Sperling, Daniel, Maternal Brain-Death. American Journal of Law and Medicine, Vol. 30, No. 4, pp. 453-500, 2004. Available at SSRN: https://ssrn.com/abstract=646881

Contact Information

Daniel Sperling (Contact Author)
The Hebrew University of Jerusalem ( email )
972-2-5880028 or 972-2-6757284 (Phone)
972-2-5880047 (Fax)
HOME PAGE: http://public-policy.huji.ac.il/eng/staff-in.asp?id=194

Feedback to SSRN

Paper statistics
Abstract Views: 2,106
Downloads: 236
Download Rank: 102,016
Citations:  1
Footnotes:  347