Abstract
It is widely accepted that a child under the age of eighteen can donate his or her bone marrow to a sick sibling in the hope of saving their life. The Human Tissue Authority in the United Kingdom has published guidelines (currently under review) relating specifically to the harvest of blood and tissues from children, but the law has not yet confirmed the validity of such procedures. Younger donors require parental consent which can be highly subjective given the circumstances, and a Gillick consent from an older child is not confirmed in law as applicable to non-therapeutic medical procedures. This article suggests that the current child donation procedures under the Human Tissue Authority are not legally tenable and do not support the welfare of the child.
Highlights
The creation of saviour siblings using fertility treatment is possible in the United Kingdom as a result of the decision in Quintavalle v Human Fertilisation and Embryology Authority (2005) 2 A.C. 561
Lord Hoffman stated that the word ‘suitable’ under schedule 2 paragraph 1 (1) (d) of the Human Fertilisation and Embryology Act 1990 was to be read subjectively according to the desires of the mother
The Human Fertilisation and Embryology Act 2008 inserted the following passage into the 1990 Act as a result of the judgment: Schedule 2: Activities that may be licenced under the 1990 Act
Summary
The creation of saviour siblings using fertility treatment is possible in the United Kingdom as a result of the decision in Quintavalle v Human Fertilisation and Embryology Authority (and Secretary of State for Health) (2005) 2 A.C. 561. There is a significant loophole in the law as a result of Quintavalle and the following questions require further investigation: what are the Human Tissue Authority guidelines on bone marrow donation from child donors and do they support the welfare of the child? In regards to the storage and use of materials, the Human Tissue Act 2004 allows a child to consent to the storage and use of his bone marrow under section 2(2) and a parent can consent on his behalf if he fails to consent or is unable to consent under section 2(3). These provisions are incorporated into the HT Authority guidelines. Paragraph 28: Before the HT Authority can approve such cases, the HT Authority must be satisfied that: 1. no reward has been, or is to be, given; 2. consent to removal for the purpose of transplantation has been given; 3. an AA has conducted separate interviews with the donor, the person giving consent, and the recipient and submitted a report of their assessment to the HT Authority
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