[Cord blood stem cells. Legal basics and problems]

With regard to the great social importance and ethical acceptance of cord blood stem cell research, this article is devoted to basic legal questions concerning the use of umbilical cord blood. The original legal status of the cord blood was analyzed with the result that the cord blood belongs to the child, and thus the child can claim certain personal rights regarding the cord blood. Since the newborn itself is not able to take part in legal transactions, its parents have to ensure that its personal and financial concerns are protected, as they are its legal representatives. The parents can decide together what shall happen to the cord blood because of their parental custody. They have to give their consent to the donation of the cord blood as well as to the collection of personal data of the child. The duty to obtain permission for the production of stem cell preparations derives from the German drug law. Maternity clinics and cord blood banks need this permission and those blood banks that stock up on cord blood stem cell preparations for indefinite recipients have to obtain an additional authorization because these preparations are prefabricated drugs.