As technology advances, the laws surrounding human tissue use need to be reviewed

In 1801, the French anatomist Xavier Bichat introduced the concept of tissue as a central component of human anatomy in his book Anatomie Générale. By the 20th century, tissue had transformed from an object of analysis to a valuable resource for experimentation.

Tissue grafting took hold, and the tissue culture techniques were developed. By the 1980s, debates raged about the commodification of tissues against patient autonomy as the field of bioethics emerged. Subsequently, human tissue legislation has taken shape worldwide as a balance.

In the Fourth Industrial Revolution (4IR), we are seeing remarkable developments in reproductive technology, regenerative medicine and even the development of vaccines.

Yet, as Michael Sean Pepper and M Nőthling Slabbert assert, “human tissue legislation is complex. It is characterised by an ever-changing landscape in which advances in science and medicine need to be accommodated… However, it is generally accepted that the law has struggled to keep pace with advances in science and technology.” 

In South Africa, legislation governs the control and use of human tissue. In particular, the National Health Act of 2003 regulates human tissue use for medical, scientific or therapeutic purposes while protecting the rights of donors and their families.

Under the National Health Act, removing or using human tissue from a living or deceased person without their permission or the consent of their next of kin is illegal. The act also establishes a national system for the donation and transplantation of human organs and tissues, which the South African National Blood Service manages. It regulates human tissue storage, use and disposal for research and therapeutic purposes.

Regulation of embryo adoption could help ensure that all parties involved are fully informed about the process, the risks and benefits, and their legal rights and responsibilities.