Human body as property: Legal Dimensions

Scientific advancements in the past few decades such as the development of human organ transplantation, creation of human embryos outside the body using artificial reproductive techniques, preservation of human embryos and gametes, progress in biomedical research using human materials leading to the creation of cell lines, research in regenerative medicine and so on have brought to the forefront various uses of the human body and bodily materials. The huge demand for the human body and bodily materials has turned them into a commercially exploitable property, resulting in unlawful means of procurement. Legislations pertaining to the transactions in the human body and bodily materials in most jurisdictions aim to prevent their commercial dealings. Nevertheless, an international black market has grown to meet the demand for the human body and bodily materials. There is a need for stringent laws to tackle issues involving the procurement, retention and use of the human body and bodily materials. Analysis of judicial decisions from various jurisdictions reveals that in certain situations, the courts have recognized ‘property’ interests in the human body and bodily materials. Human Body as Property analyses these property interests.