[Stem cell procedures on a legal point of view]
1Institut für O ffentliches Recht, Abteilung Verwaltungsrecht, Bonn. T.Spranger@uni-bonn.de
Abstract:
Stem cell procedures could be the starting point for major advances in healthcare. However, it is a very difficult task to define the legal status of human stem cells. The resolution of the legal issues has been hindered by the still early stage of research and development and by scientists' varying assessment of the fundamental differences between several types of stem cells and of the potential of these types. Nevertheless, on 30 January 2002 the German Parliament (Bundestag) paved the way for the import of pluripotent embryonic cells under the following basic conditions: The import is restricted to stem cell lines which already exist; the embryo's parents' informed consent has to be obtained; the research purposes must be high-ranking; the ethical acceptance has to be examined by a high-level ethical committee; and an authorizing authority must license the import. The questions is, whether these requirements meet the practical needs of scientists. However, the European Biotechnology Directive calls for the patentability of stem cell procedures and therefore presents a major incentive for researchers in the field of stem cell technologies.
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