A research group from Hiroshima University, Kyoto University, and Taipei Medical University pointed out that in the future, brain tissue made from human pluripotent stem cells could be legally regarded as 'human'.
In recent years, research is progressing to generate human brain tissue (human brain organoids) from human pluripotent stem cells (ES cells, iPS cells).Human brain organoids are currently treated as "objects," but they may have consciousness in the future, and ethical considerations are underway.The research group undertook a review of the less-discussed legal status.
Legal "persons" are usually divided into "natural persons" and "corporations."If the death of a natural person is defined as brain death, there is a view that human brain organoids are also a natural person if they show brain activity.There are two reasons for the denial, but they are not conclusive.
One is that brain death is the cessation of the brain's "systemic activity," but that current human brain organoids are incapable of doing so.However, research into connecting human brain organoids with other tissues is progressing rapidly, and may have very rudimentary 'systemic' integration capabilities.
The other is that human brain organoids are not legally "born" because "birth" is defined as the emergence of a fetus from the mother's body.However, the definition is already confusing because the premature fetus can now be removed from the mother's womb and returned to the mother's womb after medical intervention.
As for "corporation", there are examples of considering animals, which are the subject of welfare, and nature such as rivers as corporations, and it is also possible that society recognizes special value in human brain organoids and makes them corporations.
However, there is also the problem that if human brain organoids are treated as natural persons, they will become clones of the same gene as the cell donor.He says that it is important to have social discussions, including consideration of legal issues, regarding how human brain organoid research should be.
Paper information:[Journal of Law and the Biosciences] The Legal Personhood of Human Brain Organoids