In re X v [2002] JLR 509 (18 October 2002)

In re X v [2002] JLR 509 (18 October 2002)

The foetus is sui generis in law, deserving greater respect than other human tissue but not the legal status of a person; gamete providers have a quasi-ownership interest and primary authority to make decisions concerning its disposition, including consent to release tissue to police.

Citation
[2002] JLR 509
Parties
Applicant: X
Jurisdiction
Jersey
Judgment Date
18 October 2002
Procedural Posture
Family Law / Judgment
Outcome
application granted
Legal Topics
Legal Status of Foetus, Ownership of Foetal Tissue, Consent for Tissue Release
Family Law Legal Status of Foetus Ownership of Foetal Tissue Consent for Tissue Release

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Parties

X

Applicant

Procedural Posture

Family Law / Judgment

Legal Issues

  1. 1 What is the legal status of a foetus?
  2. 2 Who has authority to consent to the release of tissue from an aborted foetus?

Ratio Decidendi

The foetus is sui generis in law, deserving greater respect than other human tissue but not the legal status of a person; gamete providers have a quasi-ownership interest and primary authority to make decisions concerning its disposition, including consent to release tissue to police.

Court Disposition

application granted

Orders

  • Gamete providers have primary authority to consent to release of tissue from aborted foetus to police