Abstract
In the United Kingdom, legislation and common law must be interpreted in deciding whether a child can lawfully act as a regenerative tissue donor. Different legislative conditions exist in Scotland compared with the rest of the country, but a common factor throughout is the involvement of the Human Tissue Authority (HTA). The statutory framework—consisting of legislation and Codes of Practice—and how this intersects with the courts’ welfare jurisdiction in relation to children will be examined in this Chapter. In light of domestic and European human rights legislation and jurisprudence, in the United Kingdom, perhaps more so than other countries, there is a question of whether courts in particular adopt a ‘welfare’ or ‘rights based’ approach to children’s issues.
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