Abstract:
It has long been a basic tenet of the common law that there can be no property interest in human bodies or body parts. However, exceptions to the rule have been recognized from the mid-19th century and developed over time. In the early 21st century, there have been interesting developments in the common law of Australia and England; with Australian Supreme Court judges and the English Court of Appeals casting aside existing exceptions; and finding property rights in human body parts, including gametes, by relying instead on a “rational” and “logical” basis to identify property interests in human body parts.
White, Vanessa, Property Rights in Human Gametes in Australia (June 19, 2013). (2013) 20 (3) Journal of Law and Medicine. 1; U. of Adelaide Law Research Paper No. 2013-15.
First posted 2013-06-21 20:13:51
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