[Legal aspects of neurotransplantation]

The use of human embryonic brain tissue for Transplantation has to be orientated in the need of protection for the embryo or fetus. Tissue derived from an abortion can only be used when a connection between the abortion and the application is excluded. The decision for an abortion should not be influenced by a possible usage of the tissue, as is stated in the guidelines of the german medical council for the use of fetal cells and tissue as well as in the guidelines from NECTAR. Criteria for death include brain death and cardiovascular arrest. If brain death can not be ascertained, one has to relay on the irreversible absence of spontaneous breathing and heart beat (after the exclusion of reversible factors like hypothermia or drugs). Authorization for the use of fetal tissue is given by the mother or the parents, their consent is a prerequisite for the use of fetal tissue.