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Regulating biobanking with children's tissue: a legal analysis and the experts' view
Elcke J Kranendonk1, M Corrette Ploem1, Raoul C M Hennekam2
1Department of Public Health, AMC, University of Amsterdam, Amsterdam, The Netherlands.
Insights
Paediatric biobanking of children
Area of Science:
- Paediatric biobanking
- Genetics and environmental research
- Medical ethics and privacy law
Background:
- Current paediatric studies increasingly rely on biobanks storing children's biological material for genetic and environmental research.
- Stored samples contain sensitive personal information, posing risks of discrimination and impacting a child's right to an open future.
- Existing normative frameworks for biobanking children's residual tissue require careful examination to protect young donors' privacy.
Purpose of the Study:
- To analyze the normative framework for biobanking residual tissue from children (0-12 years).
- To protect the privacy interests of young biobank donors.
- To explore expert consensus on informed consent and disclosure of research findings in paediatric biobanking.
Main Methods:
- Analysis of relevant legal documents concerning the storage and use of children's biological material for research.
- Exploration of views from 17 Dutch experts involved in paediatric biobank research.
- Focus on informed consent for leftover tissue donation and disclosure of individual research findings.
Main Results:
- Experts lack a clear consensus on appropriate regulations for storing and researching children's biological material in biobanks.
- Significant divergence exists regarding informed consent procedures for paediatric tissue donation.
- Disagreements were also noted concerning the disclosure of individual research findings to donors or families.
Conclusions:
- There is a pressing need for a robust framework balancing paediatric research requirements with robust privacy protection for young biobank donors.
- Developing clear guidelines for informed consent and data usage is crucial for ethical paediatric biobanking.
- Further deliberation among stakeholders is necessary to establish consensus on best practices.
Abstract:
Many current paediatric studies concern relationships between genes and environment and discuss aetiology, treatment and prevention of Mendelian and multifactorial diseases. Many of these studies depend on collection and long-term storage of data and biological material from affected children in biobanks. Stored material is a source of personal information of the donor and his family and could be used in an undesirable context, potentially leading to discrimination and interfering with a child's right to an open future. Here, we address the normative framework regarding biobanking with residual tissue of children, protecting the privacy interests of young biobank donors (0-12 years). We analyse relevant legal documents concerning storage and use of children's material for research purposes. We explore the views of 17 Dutch experts involved in paediatric biobank research and focus on informed consent for donation of leftover tissue as well as disclosure of individual research findings resulting from biobank research. The results of this analysis show that experts have no clear consensus about the appropriate rules for storage of and research with children's material in biobanks. Development of a framework that provides a fair balance between fundamental paediatric research and privacy protection is necessary.
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