Regulating body donation to science in Belgium: A comparative legal study

Body donation to science is important for the advancement of medical science and is becoming increasingly popular. At the same time, it raises complex legal and ethical questions that often remain unanswered, especially in countries such as Belgium and the Netherlands, in which comprehensive legal frameworks are largely absent. Controversies and scandals in Europe and beyond, such as inadequate and undignified storage conditions for bodies in France, improper disposal practices in Belgium, and the commercialisation of body donation in the Netherlands, illustrate the risks associated with inadequate regulation. This article examines body donation to science from a legal perspective, with particular attention to consent procedures, permitted uses of donated bodies, due-diligence obligations, data protection requirements, the principle of non-commercialisation, and governance mechanisms. Focusing on the Belgian context, this article identifies core elements of a comprehensive legal framework through a comparative legal analysis with the Netherlands and with the recently adopted regulatory frameworks in France (2021-2022) and Ireland (2024). In addition, relevant international bioethical standards are examined, including guidelines specific to anatomical research and analogous regulatory frameworks governing the donation of human bodily material. The findings offer valuable insights into key regulatory safeguards and approaches, balancing scientific needs and operational efficiency with respect for the dignity of donors. The article concludes that a clear and transparent legal framework is essential to address the challenges of body donation and to ensure adequate protection for donors.