Human Tissue Transplantation Crime

Adam Graycar Director The transplantation of human tissue (including organs) from one person to another can have dramatic benefits for the recipient, and often prevent an early death or substantially improve quality of life. As in other medical procedures, however, it is essential that the donor of tissue freely consents; in this case, to the removal of tissue from his or her body. In the absence of informed consent from the donor, those involved in arranging and conducting the transplantation procedure may be liable to compensate the donor as well as face criminal sanctions for assault. Some laws also prohibit the purchase and sale of human tissue as well as advertising the availability of such transactions. This Trends and Issues paper examines illegalities arising from human tissue transplantation and reviews developments in the available regulatory approaches which have occurred since the publication of the Institute’s Trends and Issues paper, Body Crime, in March 1991 (Halstead & Wilson 1991).